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 2009-0176 affecting Fokker F28 Mk 070 and 0100 aircraft. The Netherlands is the State of Design for these aircraft. CASA issued AD/F28/92 in response to the EASA AD. The CASA AD was issued under the wrong series. As a consequence CASA has re issued the AD in the correct series and will cancel AD/F28/92. The cancellation will become effective on 24 September 2009.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, governs civil aviation in Australia, focusing on the safety of air navigation and the continuing airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 were introduced to implement provisions of the Civil Aviation Act 1988, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). These directives are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The 1988 Act, as amended, aims to ensure that the regulation of civil aviation in Australia aligns with international standards and practices, particularly those set forth by the International Civil Aviation Organization (ICAO). This legislative framework ensures that Australia meets its obligations under the Convention on International Civil Aviation, maintaining safety and uniformity in airworthiness directives across all contracting states.
Scope and Application
The Civil Aviation Act 1988, as amended and implemented through the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, with the overarching aim of ensuring the safety of air navigation. Regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue these directives for specific kinds of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. The ADs are intended to ensure that aircraft maintain their airworthiness in accordance with the international standards set forth by the Convention on International Civil Aviation, particularly Annex 8, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type and mandates the provision of necessary information to States of Registry. In Australia, CASA, acting as the national airworthiness authority, must assess any ADs issued by States of Design and may issue corresponding Australian ADs as required. The geographic and jurisdictional reach of these regulations is national, with CASA's authority extending to all aircraft registered in Australia. There are no stated exclusions or exemptions within the AD framework, though the application may be extended or restricted through subordinate instruments in line with international obligations and domestic legislative intent.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 allow for the issue of airworthiness directives (ADs) that ensure the safety of air navigation. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. Subregulation 39.001(5) confirms that ADs are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
The Act and the Regulations impose several obligations and requirements on parties and entities. The State of Design holds overall responsibility for the continuing airworthiness of an aircraft type, under Annex 8 to the Convention on International Civil Aviation, and must provide necessary information to States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. In Australia, CASA is responsible for assessing ADs issued by the State of Design and issuing Australian ADs as necessary to mandate the required safety measures. This ensures that all aircraft registered in Australia meet the necessary airworthiness standards.
Failure to comply with ADs can lead to significant civil and criminal consequences. While specific offences and penalties are not detailed in the provided text, breaches of airworthiness regulations can result in severe penalties, including fines and imprisonment, as well as potential grounding of aircraft and other enforcement actions by CASA. The consequences of non-compliance are serious, reflecting the high priority placed on aviation safety.
In the specific case of the AD cancellation mentioned, CASA issued AD/F28/92 in response to the EASA AD 2009-0176, but under the wrong series. CASA subsequently re-issued the AD in the correct series, and the cancellation of AD/F28/92 will take effect on 24 September 2009. Given the nature of the AD cancellation, which is in response to international obligations and the AD issued by the relevant State of Design, no consultation with the Australian public was required. Additionally, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.