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 2006-0206 affecting Fokker F28 Mk 0070, and 0100 model aircraft. The EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/F28/90, which will become effective on 26 October 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 provide a framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. Under section 98 of this Act, the Governor-General has the authority to make regulations that serve 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 (ADs) for specific kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. The issuing of ADs is aligned with Australia's commitments under the Convention on International Civil Aviation, where the State of Design is responsible for the continuing airworthiness of aircraft types. CASA, as Australia’s national airworthiness authority, must evaluate and, if necessary, issue corresponding Australian ADs to ensure compliance with international standards and the safety of aircraft on the Australian Register.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products, in accordance with section 98 of the Civil Aviation Act 1988. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, and are integral to ensuring the continuing airworthiness of aircraft as stipulated by Annex 8 to the Convention on International Civil Aviation. The ADs are issued in response to the State of Design’s obligations to provide necessary information for maintaining airworthiness, and CASA, as Australia's national airworthiness authority, must evaluate this information and issue corresponding Australian ADs when necessary. This process ensures that Australian-registered aircraft comply with international safety standards. The issuance of an AD, such as AD/F28/90 in response to EASA's AD 2006-0206, does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. This AD applies to Fokker F28 Mk 0070 and 0100 model aircraft registered in Australia, ensuring they meet the safety standards set by the EASA and, subsequently, CASA.
Key Provisions
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, establishes the framework within which airworthiness directives (ADs) are issued and enforced. Under section 98 of the Act, the Governor-General is empowered to create regulations that serve the interests of air navigation safety. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) of the same regulations classifies ADs as disallowable instruments, meaning they can be annulled by either House of Parliament under section 46A of the Acts Interpretation Act 1901. This aligns with the Legislative Instruments Act 2003, which recognises ADs as legislative instruments.
The obligations imposed by the Act and regulations are primarily centred around ensuring the continuing airworthiness of aircraft. The State of Design, as defined in Annex 8 to the Convention on International Civil Aviation, bears the overall responsibility for 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 the aircraft within its jurisdiction. In the case of Australia, CASA is the national airworthiness authority tasked with assessing any ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs. This ensures that Australian-registered aircraft meet international safety standards.
Breaching the requirements set out in an AD can have significant legal consequences. Under the Civil Aviation Act 1988, operating an aircraft in contravention of an AD can be considered an offence. Such breaches may result in substantial penalties, both civil and criminal, depending on the severity of the violation. The maximum penalties can include fines and imprisonment, reflecting the serious nature of ensuring air safety. It is imperative for all parties governed by these regulations to comply strictly with the ADs to avoid these potential consequences.
Given the international obligations under the Convention on International Civil Aviation and the specific requirements outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, the process for issuing ADs is streamlined and does not include public consultation. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, and the AD in question was issued by the Manager, New Technologies and Systems, within CASA, in accordance with subsection 84A(2) of the Act. This process ensures that ADs are issued efficiently to maintain the highest standards of aviation safety.