CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY 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 has issued AD NL-2005-007 affecting Fokker F27 model aircraft. The Netherlands is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/F50/92, which will become effective on 1 September 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 Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive legal framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation and aircraft operations. This Act empowers the Governor-General to make regulations for the Act's purposes, specifically for the safety of air navigation, as exemplified in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These regulations allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. Such ADs are legislative instruments under the Legislative Instruments Act 2003, designed to maintain the safety standards consistent with the Convention on International Civil Aviation.
The enactment of this legislation was driven by the need to harmonise Australian civil aviation practices with international standards and to ensure the continuing airworthiness of aircraft registered in Australia. This approach aligns with the responsibilities of the State of Design and the State of Registry as outlined in Annex 8 to the Convention, which mandates the dissemination of ADs to maintain aircraft safety globally. CASA, acting as Australia's national airworthiness authority, issues these ADs to enforce the continuing airworthiness of aircraft, ensuring compliance with international obligations and safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These directives are legislative instruments and are issued in compliance with international standards set by the International Civil Aviation Organization (ICAO), particularly under Annex 8, which outlines the responsibilities of the State of Design and the State of Registry regarding the continuing airworthiness of aircraft. CASA, acting as Australia's national airworthiness authority, assesses ADs issued by the State of Design and, if necessary, issues corresponding Australian ADs to enforce the required safety measures. This process is exemplified by the issuance of AD/F50/92, in response to AD NL-2005-007 from the Netherlands Civil Aviation Authority concerning Fokker F27 model aircraft. Since these directives arise from international obligations and are assessed internally by CASA, there is no requirement for public consultation or a Regulatory Impact Statement. The AD is made by the Manager, Airframes within CASA, adhering to the legislative framework provided by the Civil Aviation Act 1988.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 relevant to the issue of airworthiness directives (ADs) include section 98 of the Act (s. 98) and regulation 39.001 of the Regulations (reg. 39.001). Under section 98, the Governor-General is empowered to make regulations for the safety of air navigation, while regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, it is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by the Act and the Regulations on the parties and entities it governs include the responsibility of the State of Design to provide necessary information for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design must ensure that the information provided will support the continuing airworthiness of the aircraft type. Correspondingly, the State of Registry must develop or adopt requirements to maintain the airworthiness of individual aircraft. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, is obligated to assess the information and, if deemed appropriate, issue an Australian AD to enforce the requirements specified by the State of Design.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 also set forth consequences for non-compliance with ADs. While specific offences, penalties, or civil/criminal consequences are not detailed in the provided text, it is implicit that non-compliance with an AD could lead to serious safety issues and potential legal repercussions. The text notes that ADs are issued in accordance with international obligations and domestic legislative frameworks, indicating that breaches of these directives could result in legal action under the applicable aviation laws. The severity and nature of such consequences would depend on the specific circumstances and the impact of non-compliance on aviation safety.