CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY REGULATIONS 1998
ISSUE OF AIRWORTHINESS DIRECTIVE
Under section 98 of the Civil Aviation Act 1988, the Governor-General may make regulations for the purposes of the Act and in the interests of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA may issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 provides that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for continuing airworthiness of an aircraft type, and must provide any information necessary to ensure the continuing airworthiness of a type to appropriate States of Registry. ADs (and their equivalents) are the most common form of continuing airworthiness information, and are issued by most ICAO Contracting States.
The State of Registry of an individual aircraft is responsible for its continuing airworthiness. Under Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD against a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The French DGAC has issued AD F-2001-497-011(b) affecting Dassault F2000 aircraft. France is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/F2000/12, which will become effective on 11 May 2006.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for ensuring the safety of air navigation in Australia. This Act empowers the Governor-General to make regulations necessary for the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. This regulatory approach is intended to address gaps in ensuring the continuing airworthiness of aircraft and aeronautical products by mandating specific safety measures. The Civil Aviation Act 1988 was passed by the Australian Parliament with the policy objective of maintaining high safety standards in civil aviation in line with international conventions such as the Convention on International Civil Aviation, under which States of Design and Registry have defined responsibilities for aircraft airworthiness. The issuing of ADs by CASA, as the national airworthiness authority, is a direct response to these international obligations and ensures compliance with global safety standards.
Scope and Application
The Civil Aviation Act 1988 provides a legal framework for the regulation of civil aviation safety in Australia. Within this Act, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, ensuring adherence to safety standards. These ADs are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are regulated by the Legislative Instruments Act 2003. The ADs are issued in compliance with Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design to maintain the continuing airworthiness of aircraft types and the State of Registry to enforce airworthiness requirements. CASA, as Australia's national airworthiness authority, assesses ADs issued by foreign authorities, such as the French DGAC's AD F-2001-497-011(b) concerning Dassault F2000 aircraft, and issues corresponding Australian ADs, like AD/F2000/12, which becomes effective on 11 May 2006. This process underscores Australia's obligations under international aviation conventions and typically does not involve public consultation or a Regulatory Impact Statement, given their nature and the specific circumstances under which they are issued.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the regulation of airworthiness directives (ADs) in Australia. Section 98 of the Act empowers the Governor-General to make regulations in the interest of air navigation safety, and regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. This regulation is a legislative instrument under section 6 of the Legislative Instruments Act 2003 and is disallowable under section 46A of the Acts Interpretation Act 1901.
Under these provisions, the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to ensure compliance with international standards. The State of Registry, in this case CASA as Australia's national airworthiness authority, must assess this information and, if necessary, issue an Australian AD to enforce the requirements set by the State of Design. This is a key provision that ensures aircraft on the Australian register meet international safety standards.
The obligations imposed by the Act and the Regulations on CASA and other parties are significant. CASA must thoroughly assess ADs issued by other States of Design to determine their applicability to aircraft on the Australian register. If CASA decides that an AD is necessary, it must issue an Australian AD to mandate compliance with the requirements. This process ensures that all aircraft operating in Australia meet international safety standards and that CASA fulfills its obligations under the Convention on International Civil Aviation.
The Civil Aviation Safety Regulations 1998 also impose certain procedural requirements on the issuance of ADs. For instance, subregulation 39.001(5) specifies that ADs are disallowable instruments, meaning they can be reviewed and potentially disallowed by Parliament. Furthermore, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, streamlining the process for issuing necessary safety directives. The issuance of an AD, such as AD/F2000/12 in response to the French DGAC's AD F-2001-497-011(b), is a critical obligation for CASA to ensure compliance with international obligations and maintain air safety.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 also establish consequences for non-compliance with ADs. Failure to comply with an AD can result in serious safety risks and legal repercussions. While the specific penalties for non-compliance with ADs are not detailed in the provided text, it is clear that breaches can lead to severe civil or criminal penalties. CASA has the authority to enforce compliance through various means, including the imposition of fines, suspension or revocation of airworthiness certificates, and other regulatory actions. These measures are essential to enforce safety standards and protect the public from potential hazards posed by non-compliant aircraft.