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 98-020-005(b) affecting Dassault Falcon 2000 series aeroplanes. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/F2000/17, which will become effective on 3 August 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 for the safety of civil aviation and for related matters, establishing a framework for the regulation of civil aviation in Australia. The Civil Aviation Safety Regulations 1998 were made under the Act to ensure the continuing airworthiness of aircraft, and in this context, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. The policy objective of these regulations is to ensure the safety of air navigation and the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). In particular, the ADs are issued in response to the obligations under the Convention on International Civil Aviation, where the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, and the State of Registry must adopt measures to ensure the airworthiness of registered aircraft. This framework allows CASA to issue Australian ADs in alignment with directives from other ICAO Contracting States, such as the French Civil Aviation Authority's AD 98-020-005(b) for the Dassault Falcon 2000 series aeroplanes, which CASA has assessed and translated into Australian AD/F2000/17.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework under which the Civil Aviation Safety Authority (CASA) may issue airworthiness directives (ADs) to ensure the safety of air navigation. Under section 98 of the Act, the Governor-General has the authority to make regulations for air safety, with regulation 39.001 specifically empowering CASA to issue ADs for particular types of aircraft or aeronautical products. These directives are considered legislative instruments, disallowable under the Acts Interpretation Act 1901, and are subject to the Legislative Instruments Act 2003. In accordance with Annex 8 of the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must furnish necessary information to relevant States of Registry, which must then adopt measures to ensure continuing airworthiness. Consequently, when an AD is issued by a State of Design, such as the French DGAC’s AD 98-020-005(b) concerning Dassault Falcon 2000 series aeroplanes, CASA, as the national airworthiness authority, must evaluate the directive and issue an Australian AD if necessary. The AD/F2000/17 issued by CASA, in response to the French directive, demonstrates this process and will become effective on 3 August 2006. Given the international obligations under the Convention on International Civil Aviation and the nature of ADs as responses to directives from States of Design, no public consultation has been required. Additionally, the Office of Regulatory Review has concluded that ADs do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance and implementation of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations in the interests of the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular kinds of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and hence, as a legislative instrument under section 6 of the Legislative Instruments Act 2003. This means ADs have a legal standing and must be adhered to by the relevant parties.
These regulations impose several obligations on CASA and the entities it governs. Firstly, CASA must ensure that it assesses any ADs issued by the State of Design of an aircraft type on the Australian register. If deemed appropriate, CASA must issue a corresponding Australian AD that mandates the requirements of the foreign AD. This is to ensure compliance with the continuing airworthiness standards as outlined in Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the ongoing airworthiness of an aircraft type. Concurrently, the State of Registry, which in the case of Australia is CASA, is tasked with ensuring the continuing airworthiness of individual aircraft by developing or adopting the necessary requirements.
Failure to comply with an AD can have significant legal consequences. Breaches of ADs can lead to various civil and criminal penalties. While the specific penalties are not detailed in the provided text, it is known that non-compliance can result in actions such as fines, suspension or revocation of aircraft certificates, and other enforcement measures by CASA. Such penalties underscore the importance of adhering to ADs, which are designed to maintain the safety and airworthiness of aircraft operating within Australian airspace.
Given the international nature of aviation, ADs are issued in response to safety concerns identified by the State of Design, and these directives are often issued without public consultation, as they are based on international obligations and the need for prompt action. Additionally, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, simplifying the process for issuing critical safety measures. The issuance of an AD is a formal process, with the AD/F2000/17 being 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. This ensures that ADs are issued with the appropriate authority and oversight.