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 2008-0193 affecting Fokker F28 series aircraft. The Netherlands is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/F28/91, which will become effective on 18 December 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, 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, enacted by the Commonwealth Parliament, provides the legislative framework for ensuring the safety of air navigation in Australia. One significant component of this Act is the issuance of airworthiness directives (ADs) through the Civil Aviation Safety Regulations 1998. These ADs are mandated by regulation 39.001, allowing the Civil Aviation Safety Authority (CASA) to issue directives concerning aircraft or aeronautical products to ensure continuing airworthiness. The Civil Aviation Act 1988 thus addresses the need for consistent safety standards and compliance with international aviation regulations, particularly under the Convention on International Civil Aviation, managed by the International Civil Aviation Organization (ICAO). The ADs are legislative instruments under the Legislative Instruments Act 2003, and in the case of AD/F28/91 concerning Fokker F28 series aircraft, CASA has responded to an airworthiness directive issued by the European Aviation Safety Agency (EASA) for the Netherlands, the State of Design. This process ensures that Australia meets its international obligations and maintains high safety standards within its jurisdiction.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, in order to ensure the safety of air navigation. These ADs are legislative instruments that mandate specific requirements for the continuing airworthiness of aircraft, reflecting Australia's obligations under the Convention on International Civil Aviation. When a State of Design, such as the Netherlands for Fokker F28 series aircraft, issues an AD, CASA, as Australia’s national airworthiness authority, must assess this information and, if necessary, issue an Australian AD to enforce the requirements. This process does not involve public consultation or require a Regulatory Impact Statement, as determined by the Office of Regulatory Review, and is carried out by authorised CASA personnel within the Airworthiness Engineering Group.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (39.001(1)). These ADs serve to mandate safety measures or corrective actions in response to identified issues that could affect the safety of air navigation (39.001(2)). Under the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the purposes of the Act and in the interests of the safety of air navigation (98). Regulation 39.001(5) states that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and it is considered a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
Under the Civil Aviation Safety Regulations 1998, CASA must undertake certain obligations when issuing ADs. These include assessing the necessity and appropriateness of issuing an AD when the State of Design, such as the European Aviation Safety Agency (EASA) in this case, issues an AD for a type of aircraft registered in Australia (39.001(2)). CASA must ensure that the AD aligns with the requirements set out by the State of Design, and it must issue a corresponding Australian AD to mandate these requirements for the Australian-registered aircraft (39.001(3)). The State of Registry, in this case, CASA, has the responsibility to ensure the continuing airworthiness of individual aircraft registered in Australia.
The Civil Aviation Safety Regulations 1998 do not require CASA to consult with the Australian public when issuing an AD that is in response to an AD issued by the State of Design and is made under the obligations of the Convention on International Civil Aviation (Annex 8). The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, which typically assesses the economic, environmental, and social impacts of proposed legislation. Instead, CASA issues ADs based on technical assessments and the necessity to maintain airworthiness standards.
There are civil and criminal consequences for non-compliance with ADs issued by CASA. Failure to comply with an AD can result in severe penalties, including fines and imprisonment, as ADs are considered legislative instruments. Under the Civil Aviation Act 1988, penalties for breaches of ADs can include fines up to a maximum of 500 penalty units ($94,500 as of 2023) and imprisonment for up to five years. Additionally, aircraft found to be non-compliant may be grounded, leading to operational disruptions and potential safety hazards.