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 F-2005-065 affecting Reims Aviation F406 model aircraft. France is the State of Design for F406 aircraft. CASA has assessed this AD and has issued Australian AD/F406/13, original issue, 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 - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Regulations 1998, provides the legal framework for ensuring the safety of air navigation in Australia. This legislation empowers the Governor-General to enact regulations in the interests of safety, and it delineates the responsibilities of both the State of Design and the State of Registry in maintaining the airworthiness of aircraft. The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs serve as a key mechanism for communicating necessary safety measures, aligning with international standards under Annex 8 of the Convention on International Civil Aviation. In the case of the Reims Aviation F406 model aircraft, an AD issued by the French Directorate General for Civil Aviation (DGAC) has been assessed and adopted by CASA as an Australian AD, highlighting the collaborative nature of international aviation safety oversight. The issuance of this AD was carried out by CASA in accordance with the legislative framework provided by the Civil Aviation Act 1988, reflecting Australia’s commitment to international aviation safety standards.
Scope and Application
The Civil Aviation Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Governor-General to issue regulations that align with the Act's objectives, particularly focusing on the safety of air navigation. Regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and consequently, they are legislative instruments according to section 6 of the Legislative Instruments Act 2003. These directives are crucial for ensuring the continuing airworthiness of aircraft, a responsibility that rests with the State of Design and the State of Registry, as stipulated under Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, must evaluate any ADs issued by a State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the authority for the Civil Aviation Safety Administration (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are crucial for ensuring the continuing airworthiness of aircraft, as they mandate specific requirements to maintain safety standards. An AD is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003, and it is a disallowable instrument as per section 46A of the Acts Interpretation Act 1901.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on the parties governed by this legislation are significant. CASA, as Australia’s national airworthiness authority, is mandated to assess ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs. The State of Design, in this case, France, has the responsibility to provide information to ensure the continuing airworthiness of the F406 aircraft. The State of Registry, which is Australia in this scenario, must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft registered within its territory. This collaborative effort is essential for maintaining international safety standards as outlined in Annex 8 to the Convention on International Civil Aviation.
Failure to comply with the requirements outlined in an AD can result in serious legal consequences. While the specifics of offences, penalties, and civil or criminal consequences are not detailed in the provided text, it is clear that non-compliance with ADs can lead to significant ramifications. The authority to issue these directives and the stringent nature of the regulations imply that breaches could result in penalties that align with the gravity of the non-compliance. These could include fines, revocation of airworthiness certificates, or other punitive measures that enforce adherence to safety regulations.