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 issued Australian AD/F2000/26, which will become effective on 5 July 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 provide a legislative framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation, as seen under section 98. In line with this, the Civil Aviation Safety Regulations 1998 further facilitate the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) for types of aircraft or aeronautical products, as outlined in regulation 39.001. These directives are considered legislative instruments under the Legislative Instruments Act 2003. CASA's role as the national airworthiness authority involves assessing and issuing Australian ADs in response to directives from the State of Design, such as the European Aviation Safety Agency (EASA), to ensure compliance with international standards and conventions, particularly under Annex 8 of the Convention on International Civil Aviation.
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 specific types of aircraft or aeronautical products. These directives are legislative instruments as defined under the Legislative Instruments Act 2003. They play a critical role in ensuring the continuing airworthiness of aircraft, aligning with obligations under the Convention on International Civil Aviation, specifically Annex 8. This convention mandates that the State of Design, such as the European Aviation Safety Agency (EASA) in the case of Dassault Aviation F2000EX models, provides essential information to States of Registry, including Australia, to maintain airworthiness standards. CASA, as Australia's national airworthiness authority, is responsible for assessing this information and issuing corresponding Australian ADs, such as AD/F2000/26, to enforce necessary compliance. These ADs are issued without public consultation due to their international obligations and direct responses to directives from the relevant State of Design. The ADs are made under the authority of the Civil Aviation Act 1988, specifically by the Manager, New Technologies and Systems, within CASA.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework within which airworthiness directives (ADs) are issued in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the power to make regulations for the purposes of the Act, specifically for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue ADs for specific types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) classifies an AD as a disallowable instrument, meaning it can be annulled by either House of Parliament, and thus it is also a legislative instrument under section 6 of the Legislative Instruments Act 2003. This process ensures that ADs are legally binding instruments designed to maintain or restore airworthiness.
The obligations imposed by the Act and the Regulations on CASA and other parties are substantial. The State of Design, in this case the European Aviation Safety Agency (EASA), has the primary responsibility for the continuing airworthiness of the aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. EASA must provide any necessary information to ensure the continuing airworthiness of the aircraft type, which is then assessed by CASA. CASA, as Australia’s national airworthiness authority, must review the AD issued by EASA and, if appropriate, issue a corresponding Australian AD to enforce the requirements. Additionally, the State of Registry, which for Australian-registered aircraft is CASA, must ensure that the aircraft’s continuing airworthiness is maintained, either by developing or adopting necessary requirements.
Failing to comply with the requirements set out in an AD can lead to significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in both civil and criminal penalties. Civil penalties may include fines, while criminal penalties can include imprisonment, reflecting the serious nature of non-compliance with airworthiness directives. The maximum penalties for breaches can vary, but they are intended to ensure that all parties adhere to the strict safety standards mandated by the ADs. This stringent approach underscores the importance of maintaining airworthiness to protect public safety.