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 French DGAC has issued AD UF-2005-080 affecting Reims Aviation F406 model aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/F406/12, which will become effective on 7 July 2005.
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 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 comprehensive legal framework for civil aviation in Australia, ensuring the safety, efficiency, and orderly development of air navigation. It was introduced to address the need for a unified regulatory system to manage the complex and dynamic nature of civil aviation. The Act was passed by the Parliament of Australia to establish the Civil Aviation Safety Authority (CASA) as the national authority responsible for regulating and ensuring the safety of aviation in Australia. In line with the Act, the Civil Aviation Regulations 1998 were subsequently introduced to provide detailed rules and standards to support the overarching legislative framework. One key function of CASA, as stipulated in the Act, is the issuance of airworthiness directives, which are regulations aimed at ensuring the safety of aircraft. These directives are issued in response to identified safety issues and are based on the international standards set by the Convention on International Civil Aviation, administered by the International Civil Aviation Organization (ICAO). The objective of these regulations is to maintain the highest possible safety standards in Australia's aviation sector, in alignment with global best practices.
Scope and Application
The Civil Aviation Act 1988, as amended, empowers the Governor-General to establish regulations that ensure the safety of air navigation. In this context, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This regulatory framework is essential for maintaining the continuing airworthiness of aircraft, as outlined under Annex 8 of the Convention on International Civil Aviation, which assigns responsibility for the continuing airworthiness of an aircraft type to the State of Design. In practical terms, this means that CASA, as Australia’s national airworthiness authority, must assess information provided by the State of Design and, if necessary, issue an Australian AD to enforce the requirements set forth by the State of Design. This process ensures that Australian-registered aircraft meet international safety standards, as exemplified by CASA's issuance of AD/F4006/12 in response to a French AD affecting Reims Aviation F406 model aircraft. The legislative process for issuing these ADs is streamlined and does not require public consultation or a Regulatory Impact Statement, reflecting their critical nature and the reliance on international agreements.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation in Australia. Section 98 of the Act allows the Governor-General to make regulations in the interest of safety, and regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901.
Under the Civil Aviation Act and the associated Regulations, CASA is mandated to issue ADs for aircraft types registered in Australia when the State of Design issues corresponding directives. The State of Design, which is responsible for the overall airworthiness of a particular aircraft type, must provide necessary information to ensure the continuing airworthiness of that type. When such information is received, CASA must evaluate it and, if necessary, issue an Australian AD to enforce the requirements specified by the State of Design. This process is in line with the obligations under Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Act and the Regulations include the requirement for CASA to assess the airworthiness directives issued by the State of Design and, if appropriate, to issue corresponding Australian ADs. The State of Registry, which is responsible for the continuing airworthiness of an individual aircraft, must develop or adopt requirements to ensure compliance with these ADs. The ADs themselves are intended to mandate specific actions or inspections to ensure that aircraft meet the necessary safety standards.
Breach of the requirements set out in an AD can have serious consequences. While the specific offences and penalties are not detailed in the provided text, it is likely that failure to comply with an AD could result in enforcement actions by CASA, potentially including grounding of the aircraft, fines, or other penalties. The text does indicate that ADs do not require a Regulatory Impact Statement and that public consultation is not necessary because they are issued in response to international obligations and directives from the State of Design. This AD was made by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act.