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-2004-128 Dassault F2000 aircraft. France is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/F2000/13, 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 establish the legislative framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. Under this Act, the Governor-General has the authority to make regulations that serve the interests of safety in air navigation, with a specific focus on the issuance of airworthiness directives. The Civil Aviation Safety Regulations 1998 further elaborate on these provisions by allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for certain types of aircraft or aeronautical products. These directives are critical for maintaining the continuing airworthiness of aircraft as mandated by international conventions such as Annex 8 to the Convention on International Civil Aviation, where the State of Design has the responsibility for ensuring the airworthiness of aircraft types. CASA, as Australia's national airworthiness authority, assesses information from the State of Design and issues Australian airworthiness directives to ensure compliance with international standards and the safe operation of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by the legislative instrument F2006L01022, pertain to the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under section 98 of the Civil Aviation Act 1988. This regulatory framework is designed to ensure the safety of air navigation and the continuing airworthiness of aircraft within Australia. The application of these regulations extends to all aircraft registered in Australia, irrespective of whether they are domestically or internationally operated, and to aeronautical products that are subject to airworthiness requirements. The ADs apply to the entities responsible for ensuring the airworthiness of aircraft, including aircraft manufacturers, operators, and maintenance service providers. Notably, the regulations reflect Australia's commitments under Annex 8 to the Convention on International Civil Aviation, mandating that CASA issue corresponding Australian ADs when a State of Design issues an AD for aircraft registered in Australia. The legislative instrument F2006L01022 specifically addresses the issuance of Australian AD/F2000/13 for Dassault F2000 aircraft, which becomes effective on 11 May 2006, following an AD issued by the French DGAC, the State of Design. This instrument, being a disallowable instrument under the Acts Interpretation Act 1901, is also a legislative instrument pursuant to the Legislative Instruments Act 2003. Importantly, this legislative process does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review, given the international obligations and the nature of the regulatory action.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are issued to ensure the safety of air navigation as required by section 98 of the Civil Aviation Act 1988. This regulation empowers CASA to mandate specific actions or maintenance requirements on aircraft to maintain their airworthiness. Section 39.001(5) of the Civil Aviation Safety Regulations 1998 further clarifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and hence, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations on the parties and entities they govern primarily revolve around compliance with the ADs issued by CASA. For instance, the State of Design, such as France for the Dassault F2000 aircraft, must provide information necessary to ensure the continuing airworthiness of the aircraft type, which is a requirement under Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, must then assess the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that all aircraft registered in Australia comply with the airworthiness standards set by the relevant authorities.
The legislation also outlines the consequences of non-compliance with the ADs. While the specific penalties are not detailed in the text, the general framework suggests that failure to comply with an AD could lead to civil or criminal consequences. This is because ADs are legislative instruments, and non-compliance with legislative instruments can result in various penalties, depending on the severity and nature of the breach. The text does not specify maximum penalties, but it is clear that adherence to ADs is mandatory and non-compliance could attract legal action from CASA or other relevant authorities.
In summary, the key provisions of the Civil Aviation Safety Regulations 1998 empower CASA to issue ADs to ensure the safety and airworthiness of aircraft registered in Australia. These directives are issued in response to international standards and requirements set by the State of Design. Compliance with these ADs is mandatory for all relevant parties, and non-compliance may result in civil or criminal penalties, although the specific penalties are not detailed in the provided text.