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 2007-0119 affecting Dassault Aviation F2000EX model aircraft. The EASA is the State of Design for these types. CASA has assessed this AD and has cancelled Australian AD/F2000/22 effective on 5 July 2007. A replacement AD, AD/F2000/26 has been issued as the original unsafe condition has been corrected by new requirements detailed in that AD.
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, efficiency and orderly development of civil aviation in Australia. It established the framework for the regulation of aviation safety and standards, including the ability to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. This legislative instrument was created to address the need for national regulations that ensure the continuing airworthiness of aircraft in accordance with international standards set by the Convention on International Civil Aviation, particularly through the issuance of ADs. The Australian Civil Aviation Safety Authority (CASA) acts as the national airworthiness authority under the Act, responsible for issuing ADs when required by Australia's obligations under the Convention and in response to ADs issued by the relevant State of Design. The policy objective is to maintain the highest safety standards in civil aviation, aligning Australian regulations with international practices and ensuring the safety of air navigation.
Scope and Application
The Civil Aviation Act 1988, through regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This legislative framework is designed to ensure the safety of air navigation and the continuing airworthiness of aircraft registered in Australia. Airworthiness directives serve as legislative instruments, essential for maintaining compliance with international standards set forth by the Convention on International Civil Aviation, particularly under Annex 8, which places the responsibility of continuing airworthiness on the State of Design and the State of Registry. CASA, as Australia's national airworthiness authority, is obligated to assess and, if necessary, issue corresponding ADs to enforce the requirements of foreign ADs, such as those issued by the European Union Aviation Safety Agency (EASA). These directives apply directly to aircraft manufacturers, operators, and other relevant entities within the aviation industry. While the ADs are crafted to address specific safety concerns identified by the State of Design, they extend across the Commonwealth of Australia, ensuring uniform safety standards are maintained nationwide. The process of issuing such directives does not typically involve public consultation due to their technical nature and the international obligations underpinning them, and they are exempt from requiring a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further delineates the authority of the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), ADs are categorised as disallowable instruments, which means they are legislative instruments as per section 46A of the Acts Interpretation Act 1901, and section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions require CASA to assess and potentially issue Australian airworthiness directives when a State of Design issues a directive for aircraft types registered in Australia. This ensures that Australia meets its responsibilities under the Convention on International Civil Aviation, where the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, and the State of Registry is tasked with ensuring the continuing airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, must thus evaluate and, if necessary, mandate the requirements set forth in foreign airworthiness directives for aircraft registered in Australia.
Breaches of these obligations or non-compliance with airworthiness directives can lead to significant consequences. While the specific offences and penalties are not detailed within the text provided, it is generally understood that failure to adhere to airworthiness directives can result in serious safety risks, leading to potential enforcement actions, fines, or other regulatory sanctions. These consequences underscore the critical importance of compliance to maintain the high safety standards required in civil aviation.
It is also important to note that the issuance of an airworthiness directive, as seen with the AD 2007-0119 issued by the European Aviation Safety Agency (EASA) and subsequently assessed and acted upon by CASA, is grounded in international obligations and safety considerations. The text indicates that no public consultation was required for this specific directive due to its international nature and the direct response to an AD from the relevant State of Design. Additionally, the Office of Regulatory Review has determined that such directives do not necessitate a Regulatory Impact Statement, streamlining the regulatory process while maintaining stringent safety protocols.