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 French DGAC has issued AD 1996-290-001(B) R1 affecting Dassault Falcon 2000 aeroplanes. France is the State of Design for these aeroplanes. CASA has assessed this AD and has issued Australian AD/F2000/9, which will become effective on13 April 2006.
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 regulate civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act grants the Governor-General the authority to make regulations under section 98, particularly for the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under this Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft types or aeronautical products, as specified in regulation 39.001. According to subregulation 39.001(5), these directives are considered disallowable instruments under the Acts Interpretation Act 1901 and are thus legislative instruments. In response to an AD issued by France, the State of Design for Dassault Falcon 2000 aeroplanes, CASA has issued an Australian AD/F2000/9, effective from 13 April 2006. This action aligns with Australia’s obligations under the Convention on International Civil Aviation, specifically Annex 8, which mandates the State of Design to ensure continuing airworthiness of aircraft types and requires States of Registry to implement corresponding measures. As this AD is a direct response to an international obligation and a foreign directive, no public consultation was required, and the Office of Regulatory Review has concluded that it does not necessitate a Regulatory Impact Statement. The directive was made by the Manager, New Technologies and Systems, in CASA's Manufacturing, Certification and New Technologies Office, in accordance with subsection 84A(2) of the Act.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, serving as legislative instruments in accordance with the Legislative Instruments Act 2003. This legislative framework applies to the continuing airworthiness of aircraft registered in Australia and mandates CASA to ensure compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The ADs issued by CASA, such as the Australian AD/F2000/9 in response to the French DGAC’s AD 1996-290-001(B) R1, are essential for maintaining the safety standards of aircraft within Australia’s jurisdiction. This regulatory process does not require public consultation due to its alignment with international obligations and the technical nature of the directives. The issuance of such directives is governed by CASA’s authority and the specific provisions of the Civil Aviation Act 1988 and related regulations, ensuring that all aircraft within Australia’s registry meet stringent safety and airworthiness criteria.
Key Provisions
Under the Civil Aviation Act 1988 (section 98), the Governor-General has the authority to create regulations aimed at ensuring the safety of air navigation. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. It is crucial to note that an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and as a legislative instrument under section 6 of the Legislative Instruments Act 2003 (subregulation 39.001(5)).
According to Annex 8 of the Convention on International Civil Aviation, the State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, necessitating the provision of essential information to the relevant State of Registry to ensure the aircraft's airworthiness. As the national airworthiness authority, CASA is tasked with assessing any ADs issued by the State of Design and, if necessary, issuing an Australian AD to enforce the requirements set forth by the State of Design. The State of Registry, on the other hand, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft.
In light of the French DGAC issuing AD 1996-290-001(B) R1 affecting Dassault Falcon 2000 aeroplanes, CASA has assessed the AD and subsequently issued Australian AD/F2000/9, effective from 13 April 2006. Given that this AD is issued in response to an AD from the relevant State of Design and is in accordance with Australia's obligations under the Convention on International Civil Aviation, no public consultation was required. Moreover, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement.
The Manager, New Technologies and Systems, within CASA's Manufacturing, Certification and New Technologies Office, issued the AD in accordance with subsection 84A(2) of the Civil Aviation Act 1988. The obligations imposed by the AD on parties and entities governed by the Act include compliance with the specified requirements to ensure the continuing airworthiness of the affected aircraft. Failure to comply with an AD may result in various civil or criminal consequences, including the potential for aircraft to be grounded, or in more severe cases, prosecution under the Act, which could lead to fines or imprisonment. The maximum penalties for breaches of the Civil Aviation Act 1988 vary depending on the specific offence, with some carrying penalties of up to $222,200 for corporations and 500 penalty units ($84,400) for individuals.