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 2007-0032 affecting Dassault Aviation Falcon 2000EX model aircraft. The EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/F2000/24, which will become effective on 28 February 2007.
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 regulate civil aviation in Australia, ensuring the safety and efficiency of air navigation. This Act allows the Governor-General to make regulations that contribute to the safety of air navigation, as exemplified by the issuance of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. ADs are legislative instruments designed to address issues related to the continuing airworthiness of aircraft, and they play a crucial role in fulfilling Australia’s obligations under the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) issues these directives, often in response to ADs issued by the State of Design, as seen in the case of AD/F2000/24 concerning Dassault Aviation Falcon 2000EX model aircraft. Given the international nature and technical specificity of these directives, they typically do not require public consultation or a Regulatory Impact Statement, and are issued under the authority of CASA in line with the Act’s provisions.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, ensuring that aircraft and aeronautical products meet safety standards. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. This regulatory framework applies to all aircraft registered in Australia, whether owned by individuals, corporations, or other entities, and encompasses all aspects of aviation safety as overseen by CASA, Australia's national airworthiness authority. The ADs are mandated to comply with international standards set by the Convention on International Civil Aviation, particularly Annex 8, which stipulates that the State of Design holds responsibility for the continuing airworthiness of aircraft types. Consequently, when the European Aviation Safety Agency (EASA), as the State of Design for certain aircraft types, issues an AD, CASA is required to assess and, if necessary, issue an Australian equivalent to ensure adherence to international obligations and safety standards. The ADs are legislative instruments subject to disallowance and are issued without public consultation, as they are based on international agreements and assessments by aviation authorities.
Key Provisions
The main operative sections of this legislation involve the issuance of airworthiness directives (ADs) under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Specifically, section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations to ensure the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. Subregulation 39.001(5) specifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901, and thus, an AD is considered a legislative instrument.
The obligations and requirements imposed by this Act and the associated regulations centre on the responsibility of the State of Design and the State of Registry to ensure the continuing airworthiness of aircraft. The State of Design is required to provide necessary information to maintain the airworthiness of an aircraft type, while the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of specific aircraft. In the context of Australia, CASA, as the national airworthiness authority, must assess ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs. This ensures that Australian-registered aircraft meet the safety standards set by the State of Design.
The legislation also outlines the consequences for breach, although specific offences, penalties, or civil/criminal consequences are not detailed in the provided text. Typically, breaches of regulations made under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 could result in enforcement actions by CASA, such as fines, directives, or other regulatory measures. The maximum penalties for non-compliance with aviation regulations can vary, but generally include substantial financial penalties and potential criminal charges for serious breaches that endanger public safety.
In the case of AD 2007-0032 issued by the European Aviation Safety Agency (EASA) and subsequently adopted by CASA as Australian AD/F2000/24, the legislative process is streamlined due to the international obligations under the Convention on International Civil Aviation. This means that while such directives are essential for maintaining airworthiness, they may bypass certain consultation and review processes, such as public consultation or a Regulatory Impact Statement, to expedite the response to safety concerns.