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 European Aviation Safety Authority (EASA) has issued AD 2007-0290 affecting Dassault Aviation Falcon 2000EX model aircraft. The EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/F2000/29, which will become effective on 13 March 2008.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, 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, aiming to ensure the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act, with the overarching goal of enhancing air navigation safety. The Civil Aviation Safety Regulations 1998, made under this Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The issuance of these ADs is a legislative instrument as per the Legislative Instruments Act 2003, and they are critical for maintaining the continuing airworthiness of aircraft as mandated by Annex 8 of the Convention on International Civil Aviation. CASA, as the national airworthiness authority, is responsible for assessing ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs to comply with international obligations and ensure safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, particularly 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 per the Legislative Instruments Act 2003, and they serve to mandate compliance with airworthiness requirements for aircraft on the Australian Register. This regulatory framework is established in accordance with the Civil Aviation Act 1988 and applies to any person or entity involved in the operation, maintenance, or design of aircraft within Australia, ensuring alignment with international standards under the Convention on International Civil Aviation. While the ADs are intended to maintain the safety of air navigation, they are typically issued in response to directives from the State of Design or other contracting states, thus excluding the need for public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These directives are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 and are disallowable instruments under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by these provisions require CASA to act on airworthiness information issued by the State of Design, which holds the primary responsibility for ensuring the continuing airworthiness of aircraft types. When the State of Design, such as France through the European Aviation Safety Authority (EASA), issues an AD, CASA must evaluate this information and, if necessary, issue a corresponding Australian AD. This ensures that Australian registered aircraft comply with international airworthiness standards. The State of Registry, which in this case is Australia, must then ensure that the aircraft on its register meet these mandated requirements.
In the case of AD 2007-0290 issued by EASA for the Dassault Aviation Falcon 2000EX model, CASA assessed the directive and issued Australian AD/F2000/29, effective from 13 March 2008. Given that this AD was issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, no public consultation was required. Furthermore, the Office of Best Practice Regulation has determined that such ADs do not necessitate a Regulatory Impact Statement. This AD was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The Civil Aviation Act 1988 and associated regulations also outline the potential consequences for non-compliance with airworthiness directives. Offences related to the failure to comply with an AD can result in substantial penalties. Under the Civil Aviation Act, individuals or entities found in breach of an AD may face civil penalties, including fines, and in some cases, criminal penalties. The exact penalties can vary depending on the severity of the breach but may include significant fines for individuals and corporations. It is imperative that all relevant parties adhere to the ADs to maintain the safety and airworthiness of aircraft operating within Australian jurisdiction.