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 Netherlands CAA issued AD 2003-089/2, affecting Fokker 50 type aircraft, in 2004. The Netherlands is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/F50/85 Amendment 1. The amended AD, AD/F50/85 Amendment 1, will become effective on 14 April 2004. 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 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, enacted by the Parliament of Australia, was established to regulate civil aviation in Australia and ensure the safety of air navigation. As part of its mandate, the Act empowers the Governor-General to make regulations to maintain the safety of air navigation, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that require assessment and potential issuance by the Civil Aviation Safety Authority (CASA) to align with the continuing airworthiness requirements set forth by the State of Design under Annex 8 of the Convention on International Civil Aviation. The policy objective of these regulations is to harmonise Australia's aviation safety standards with international practices, ensuring that the continuing airworthiness of aircraft registered in Australia is maintained in accordance with international obligations.
Scope and Application
The Civil Aviation Act 1988, as supported by the Civil Aviation Safety Regulations 1998, mandates the issuance of airworthiness directives (ADs) to ensure the safety of air navigation, particularly focusing on the continuing airworthiness of aircraft and aeronautical products. Under the Act, the Civil Aviation Safety Authority (CASA) is empowered to issue these ADs for specific types of aircraft or aeronautical products, thereby extending the legislative reach to all aircraft registered in Australia and any aeronautical products used within the country. This legislative instrument is applicable to both domestic and international entities operating within Australia's jurisdiction and is in compliance with the obligations set forth by the Convention on International Civil Aviation. While the ADs are designed to ensure safety, they are not subject to public consultation or the preparation of a Regulatory Impact Statement, as determined by the Office of Regulatory Review. Additionally, these ADs can be further regulated through subordinate instruments, thus allowing for a flexible and responsive approach to aviation safety standards.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives, as noted in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are thus legislative instruments under the Legislative Instruments Act 2003.
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, imposes significant obligations on parties involved in air navigation. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure that the aircraft type remains airworthy, as stipulated in Annex 8 to the Convention on International Civil Aviation. This information is essential for the State of Registry, which is responsible for the continuing airworthiness of individual aircraft. When a State of Design issues an AD, the State of Registry, in this case CASA, must assess this information and, if appropriate, issue a corresponding AD to enforce the requirements for Australian registered aircraft.
Failure to comply with airworthiness directives can result in significant consequences under the Civil Aviation Act 1988. Non-compliance may lead to penalties or legal action, as the ADs are issued to ensure the safety and airworthiness of aircraft. The specific penalties are not detailed in the provided text, but typically, non-compliance with safety regulations can result in fines, suspension of airworthiness certificates, or other regulatory actions. The seriousness of the consequences underscores the importance of adhering to the directives issued by CASA.
The text also mentions that, due to Australia’s obligations under the Convention on International Civil Aviation and the nature of the ADs, no public consultation was conducted on the AD issued for the Fokker 50 type aircraft. Additionally, the Office of Regulatory Review has determined that such ADs do not require a Regulatory Impact Statement. This process ensures that the ADs are issued efficiently and in alignment with international standards without unnecessary delays or administrative burdens. The AD was issued by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act, highlighting the structured regulatory framework in place.