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 issued AD 2009-0050 affecting Dassault Falcon F2000 series aircraft. France is the State of Design for these aircraft. CASA has assessed this AD and has amended the equivalent Australian AD to AD/F2000/33 Amendment 1 which will become effective on 7 May 2009. This AD cancels and replaces the previous issue.
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, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a framework for the regulation of civil aviation in Australia, with a focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation, with the Civil Aviation Safety Regulations 1998 detailing specific regulatory requirements. Section 98 of the Act allows the Australian Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to mandate requirements for the continuing airworthiness of aircraft registered in Australia, in accordance with international standards set by the International Civil Aviation Organization (ICAO). The ADs are considered legislative instruments under the Legislative Instruments Act 2003. This regulatory framework ensures that CASA can respond effectively to airworthiness issues raised by States of Design and States of Registry, maintaining the safety and reliability of aircraft operating within Australia.
The issuing of ADs, such as AD/F2000/33 Amendment 1, is a critical component of Australia's commitment to international aviation safety standards. Given the nature of these directives and their alignment with ICAO's Convention on International Civil Aviation, the Australian Government does not undertake public consultation for such regulations. Instead, CASA, acting as Australia's national airworthiness authority, assesses the necessity and appropriateness of issuing an Australian AD in response to an AD issued by the relevant State of Design. This process is overseen by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group at CASA, ensuring that the ADs are made in accordance with the provisions of the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, made under section 98 of the Civil Aviation Act 1988, govern the issuance of airworthiness directives (ADs) to ensure the safety of air navigation in Australia. These regulations allow the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, which are then mandated as legislative instruments under the Legislative Instruments Act 2003. The ADs are intended to maintain the continuing airworthiness of aircraft and are issued in accordance with international standards set by the International Civil Aviation Organization (ICAO). The State of Design, in this case France for Dassault Falcon F2000 series aircraft, has the primary responsibility for ensuring the airworthiness of the aircraft type, while the State of Registry, here represented by Australia through CASA, must implement these directives for aircraft registered within its jurisdiction. The ADs are issued in response to international obligations and as a result, they do not undergo public consultation or require a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Section 39.001(5) of these regulations further specifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901 and, thus, a legislative instrument in accordance with the Legislative Instruments Act 2003. The ADs are designed to maintain the continuing airworthiness of aircraft, in line with the obligations of the State of Design under Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by this legislation on the parties involved are significant. The State of Design is responsible for ensuring the continuing airworthiness of an aircraft type, and must provide necessary information to the State of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, is required to assess this information and, if appropriate, issue an equivalent Australian AD to mandate the requirements of the State of Design. In the case of the AD 2009-0050 affecting Dassault Falcon F2000 series aircraft, CASA has amended the Australian AD to AD/F2000/33 Amendment 1, which reflects the international obligations under the Convention on International Civil Aviation.
Failure to comply with the requirements set out in an AD can have serious legal consequences. Under the Civil Aviation Act 1988, any person who contravenes an AD commits an offence. The penalties for such an offence can include substantial fines, with the maximum penalty varying depending on the nature of the contravention. For example, section 33 of the Act provides for fines up to 200 penalty units for individuals and 1,000 penalty units for corporations, with a penalty unit currently valued at $222. Additionally, continued operation of an aircraft that does not comply with an AD can result in further penalties, including potential grounding of the aircraft until compliance is achieved. These measures are intended to ensure strict adherence to airworthiness standards and to protect the safety of air navigation.