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 2008-0072 affecting DASSAULT AVIATION Falcon 2000 and Falcon 2000EX (including “F2000EX-EASy” and “F2000DX”) aircraft. France is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/F2000/31, which will become effective on 28 August 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 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 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 for the safety and efficiency of civil aviation and to establish the Civil Aviation Safety Authority (CASA) as Australia's national airworthiness authority. This Act was designed to address the need for comprehensive regulation of civil aviation to ensure safety and compliance with international standards. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, further detail the specific requirements and procedures necessary to maintain airworthiness, including the issuance of airworthiness directives (ADs). ADs are legislative instruments that mandate corrective actions to ensure the continuing airworthiness of aircraft, and they are issued in accordance with international standards set by the Convention on International Civil Aviation. The objective of these regulations is to uphold the highest safety standards in civil aviation, aligning with Australia's commitments under international agreements.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for issuing airworthiness directives (ADs) in Australia. Under these laws, the Civil Aviation Safety Authority (CASA) can issue ADs to ensure the continuing airworthiness of aircraft or aeronautical products, in accordance with Annex 8 to the Convention on International Civil Aviation. ADs are legislative instruments that are issued in response to ADs from the State of Design or other relevant international civil aviation organisations. The State of Registry, which in the case of Australian aircraft is CASA, is responsible for implementing these ADs to ensure the safety of air navigation. ADs apply to specific types of aircraft or aeronautical products as identified by the issuing authority and aim to address safety concerns or maintenance requirements. The issuance of ADs does not require public consultation or a Regulatory Impact Statement, reflecting the critical nature of such safety measures. CASA issues these directives based on assessments of information provided by the State of Design or other international bodies, ensuring alignment with international safety standards.
Key Provisions
The Civil Aviation Act 1988 and its associated regulations establish the framework for ensuring the safety of air navigation in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations for the purposes of the Act and in the interests of safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thereby classifying it as a legislative instrument as per section 6 of the Legislative Instruments Act 2003. This legislative instrument mechanism is integral to maintaining the safety and airworthiness of aircraft registered in Australia.
The obligations under the Civil Aviation Safety Regulations 1998 require CASA to assess and, if necessary, issue Australian ADs in response to those issued by the State of Design, which in this case is France for the Dassault Aviation Falcon 2000 and Falcon 2000EX aircraft. The State of Registry, which is Australia in this context, must ensure the continuing airworthiness of the aircraft on its register. Consequently, CASA has the responsibility to evaluate the ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs. This was the case with AD 2008-0072 issued by the European Aviation Safety Agency (EASA) and Australian AD/F2000/31 issued by CASA.
The legislative framework also outlines the consequences for non-compliance with airworthiness directives. While specific offences, penalties, or civil/criminal consequences for breaching these regulations are not detailed in the provided text, it is implied that non-compliance with ADs could lead to significant safety risks and potential legal repercussions. Such breaches could potentially result in aircraft being deemed non-airworthy, leading to grounding and possible enforcement actions by CASA. The overarching aim is to ensure that all aircraft operating in Australian airspace meet the required safety standards, thereby protecting public safety and ensuring the integrity of the aviation system.