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 2008-0013 affecting Dassault Aviation Falcon 2000 and Falcon 2000EX model aircraft. The EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/F2000/30, 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 Acting 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, ensuring safety and efficiency within the industry. One significant aspect of this Act is its provision for the creation of regulations, including airworthiness directives, under section 98, which empower the Governor-General to make rules in the interests of air navigation safety. The Civil Aviation Safety Regulations 1998 further elaborate on these provisions, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. This regulatory mechanism is crucial in maintaining the continuing airworthiness of aircraft in line with international standards, particularly under Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design with the responsibility for the ongoing airworthiness of aircraft types. CASA, as Australia's national airworthiness authority, must then assess and, if necessary, issue corresponding Australian airworthiness directives to enforce the requirements set forth by the State of Design. The issuing of such directives is a legislative instrument, as per the Legislative Instruments Act 2003, and is undertaken without public consultation due to Australia's international obligations and the directive's alignment with international safety standards.
Scope and Application
The Civil Aviation Act 1988 and its accompanying Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Under the Act, the Governor-General has the authority to make regulations that ensure 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 particular kinds of aircraft or aeronautical products. The ADs are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs serve to maintain the continuing airworthiness of aircraft as per the Convention on International Civil Aviation, with the State of Design having primary responsibility for providing necessary information, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, assesses the ADs issued by the State of Design and may issue corresponding Australian ADs to enforce these requirements. For instance, in response to an AD issued by the European Aviation Safety Authority (EASA) for Dassault Aviation Falcon 2000 and Falcon 2000EX models, CASA issued Australian AD/F2000/30. Given the international obligations and the nature of these directives, CASA did not engage in public consultation for this particular AD, and it was determined by the Office of Best Practice Regulation that a Regulatory Impact Statement was not necessary.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for the issuance of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is classified as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations under the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 are twofold. Firstly, the State of Design has a responsibility to maintain the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to States of Registry to ensure that aircraft types remain airworthy. Secondly, the State of Registry is responsible for the continuing airworthiness of individual aircraft. This means that when a State of Design issues an AD for a type of aircraft registered in Australia, CASA must review this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
Failure to comply with ADs can lead to serious consequences. According to the regulations, non-compliance with ADs can result in significant penalties. For instance, under section 84A(2) of the Civil Aviation Act 1988, CASA has the authority to enforce compliance with ADs, and non-compliance may result in criminal charges. The specific penalties for non-compliance are not detailed in the provided text, but they can include fines and other legal repercussions. It is important for operators and owners of affected aircraft to ensure they adhere to the ADs issued by CASA to avoid any potential legal issues.