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 EASA has issued AD 2006-0276 affecting Dassault Falcon 2000 aeroplanes. The EASA is the State of Design for these aeroplanes. CASA has assessed this AD and has issued Australian AD/F2000/21, which will become effective on 23 November 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, enacted by the Australian Parliament, aims to ensure the safety and efficiency of civil aviation in Australia. In line with this objective, the Civil Aviation (Airworthiness Directive) Instrument 2006 was created to address the need for regulatory measures to ensure the continuing airworthiness of aircraft. This was necessitated by the requirement to comply with international aviation standards, particularly the Convention on International Civil Aviation, and to respond to directives issued by the relevant State of Design. The Instrument empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are legislative instruments that mandate specific safety requirements for aircraft. In this particular case, CASA has issued Australian AD/F2000/21 in response to an airworthiness directive issued by the European Aviation Safety Agency concerning Dassault Falcon 2000 aeroplanes. This action is in accordance with Australia's obligations under international aviation conventions and does not require public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives are crucial in ensuring the ongoing airworthiness of aircraft and are issued in accordance with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, such as the European Aviation Safety Agency (EASA) for Dassault Falcon 2000 aeroplanes, has the primary responsibility for issuing ADs, which CASA must then assess and, if necessary, adapt to the Australian context through the issuance of Australian ADs. This process ensures compliance with international obligations while maintaining domestic safety standards. The ADs are legislative instruments as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, and they apply to the entities and individuals involved in the operation and maintenance of the specified aircraft. Given their technical nature, these ADs do not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and they are considered legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. The ADs are typically issued in response to the requirements set forth in Annex 8 to the Convention on International Civil Aviation, which outlines the responsibilities of the State of Design for ensuring the continuing airworthiness of an aircraft type. Consequently, CASA, as Australia's national airworthiness authority, is obligated to evaluate the ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to enforce the requirements of the State of Design.
The ADs are issued under the purview of Australia’s obligations under the Convention on International Civil Aviation, and they are also issued in response to ADs raised by the relevant State of Design. Given this context, no public consultation has been conducted on these ADs. Additionally, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. This particular AD (AD/F2000/21) was issued 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.
Entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are required to adhere to the ADs issued by CASA. These directives mandate compliance with specific airworthiness standards and procedures for the aircraft types or aeronautical products they govern. The entities must ensure that the aircraft or products meet the regulatory requirements outlined in the ADs to maintain airworthiness. This includes implementing any necessary modifications, conducting required inspections, and adhering to the specified maintenance schedules and procedures. Failure to comply with the ADs can result in serious safety risks and legal repercussions.
Failure to comply with the airworthiness directives issued by CASA can result in severe consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, potentially leading to criminal charges. The maximum penalty for contravening an AD can include substantial fines and imprisonment, reflecting the seriousness of the safety implications. Additionally, non-compliance can lead to civil penalties, such as fines and enforcement actions against the entities responsible for the aircraft or aeronautical products. These penalties are designed to enforce adherence to the regulatory requirements and to ensure that the highest standards of air safety are maintained. The specific penalties and consequences for breach are determined based on the severity and nature of the non-compliance, as outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.