CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 DGAC has issued AD F-2004-114 R1 affecting Reims F406 model aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/F406/11, Amendment 1, which will become effective on 17 March 2005. 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 Acting Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. Under the authority granted by this Act, the Civil Aviation Safety Regulations 1998 were established to detail specific operational and safety standards, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are crucial for maintaining the continuing airworthiness of aircraft, aligning with international standards as set out in the Convention on International Civil Aviation. The issuance of ADs by CASA is aimed at fulfilling Australia’s obligations under international conventions while ensuring the safety of air navigation within Australian jurisdiction. The authority to issue such directives is exercised by CASA without the need for public consultation, as they respond to international mandates and are considered legislative instruments under the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Regulations 1998, pertains to the regulation of airworthiness directives (ADs) in Australia, primarily to ensure the safety of air navigation. These regulations allow the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, aligning with international standards set by the International Civil Aviation Organization (ICAO). This regulatory framework applies to aircraft registered in Australia, their owners, operators, and maintenance personnel, ensuring they adhere to airworthiness standards. Geographically, the application of these ADs is national, as Australia adheres to international obligations under the Convention on International Civil Aviation. Notably, ADs are considered legislative instruments under the Legislative Instruments Act 2003, and as such, they are subject to disallowance provisions under the Acts Interpretation Act 1901. The ADs are issued in response to directives from the aircraft's State of Design and do not typically require public consultation or a Regulatory Impact Statement, reflecting their technical and safety-focused nature. The ADs are effective across Australia, governing the airworthiness of aircraft within the national jurisdiction.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and Civil Aviation Regulations 1998 are sections 98 and 39.001 respectively. Section 98 allows the Governor-General to make regulations for the purposes of the Act, which includes ensuring the safety of air navigation. Section 39.001 provides that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for types of aircraft or aeronautical products. Subregulation 39.001(5) specifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901, and thus, an AD is considered a legislative instrument under the Legislative Instruments Act 2003.
The obligations and requirements imposed by the Act and Regulations are multifaceted. Firstly, the State of Design, in this case France for the Reims F406 model aircraft, is responsible for the continuing airworthiness of the aircraft type and must provide necessary information to States of Registry. Secondly, the State of Registry, here represented by Australia through CASA, must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When an AD is issued by the State of Design, CASA must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This ensures that Australian aircraft meet international safety standards.
The Civil Aviation Regulations 1998 impose civil and criminal consequences for breaches of the ADs. Non-compliance with an AD can lead to severe penalties, as ADs are crucial for maintaining airworthiness. Although specific penalties are not detailed in the provided text, the issuance of ADs under such regulations typically includes provisions for fines and potential imprisonment, depending on the severity of the breach and its impact on safety. The authority to issue ADs and the consequences of non-compliance underscore the importance of adhering to these directives to maintain the safety and airworthiness of aircraft operating in Australia.