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-2005-081 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/F406/14, 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 framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations necessary for the safety of air navigation, with the Civil Aviation Safety Regulations 1998 providing detailed rules and procedures under this authority. Notably, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, which are legislative instruments that can be disallowed under the Acts Interpretation Act 1901. The issuing of ADs is a critical mechanism for ensuring the continuing airworthiness of aircraft, in line with international standards set by the Convention on International Civil Aviation. In response to an AD issued by the French Directorate General for Civil Aviation (DGAC) for Reims Aviation F406 model aircraft, CASA has assessed the directive and issued an Australian AD, which will come into effect on 7 July 2005. This action is in accordance with Australia's obligations under international aviation conventions and has been made by CASA without public consultation, as determined by the Office of Regulatory Review.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 collectively establish the framework under which airworthiness directives (ADs) are issued and enforced in Australia. The Act, through regulation 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue ADs concerning types of aircraft or aeronautical products, ensuring these directives align with safety of air navigation. This regulatory power is derived from section 98 of the Act, which allows the Governor-General to make regulations in the interests of safety. Such ADs are legislative instruments under the Legislative Instruments Act 2003 and must comply with the requirements of the Acts Interpretation Act 1901. Geographic reach of these regulations is national, impacting all aircraft and aeronautical products registered in Australia, thereby extending to any entity or person operating within the Australian airspace. The ADs are issued in response to international obligations under the Convention on International Civil Aviation and are generally issued following a directive from the aircraft's State of Design, with no requirement for public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework for issuing airworthiness directives (ADs) in Australia, under section 98 and regulation 39.001 respectively. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs, which are legislative instruments, to ensure the continuing airworthiness of aircraft and aeronautical products. This process is conducted under the auspices of international standards set by Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of aircraft types and the State of Registry as responsible for individual aircraft. For example, when the French DGAC issued AD F-2005-081 for Reims Aviation F406 model aircraft, CASA evaluated the directive and issued its own corresponding AD, AD/F406/14, set to become effective on 7 July 2005.
The obligations imposed by these regulations on CASA and other entities include assessing ADs issued by States of Design and, if necessary, issuing corresponding Australian ADs. This ensures that all aircraft registered in Australia meet the continuing airworthiness requirements stipulated by the relevant State of Design. CASA, as Australia's national airworthiness authority, must perform this duty diligently to comply with international aviation safety standards. The process of issuing ADs is streamlined due to Australia’s obligations under the Convention on International Civil Aviation, and these ADs are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. No public consultation is required for these ADs, and they do not necessitate a Regulatory Impact Statement.
Breaches of the requirements set out in ADs can lead to significant legal consequences. Non-compliance with an AD can result in severe penalties under the Civil Aviation Act 1988 and the Civil Aviation Regulations 1998. The specific penalties may vary depending on the nature and severity of the breach, but they can include fines, imprisonment, or both. The precise maximum penalties are detailed within the statutory framework, and enforcement is undertaken by CASA to ensure all aircraft operators adhere to the mandated safety standards. This regulatory compliance is critical for maintaining the safety and integrity of Australia's aviation industry.