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-2006-005 affecting Fokker F50 aircraft. The Netherlands is the State of Design for this aircraft type. CASA has assessed this AD and has issued Australian AD/F50/94 which will become effective on 8 June 2006.
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, enacted by the Parliament of Australia, aims to ensure the safety of air navigation and the continuing airworthiness of aircraft. The Act empowers the Governor-General to make regulations, including the issuance of airworthiness directives, which are legislative instruments under the Legislative Instruments Act 2003. These directives are crucial for maintaining the safety standards of aircraft as required by international conventions, particularly Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 further detail the mechanisms for issuing these directives, which are typically issued by the Civil Aviation Safety Authority (CASA) in response to directives from the State of Design of an aircraft type. For instance, in the case of Fokker F50 aircraft, CASA issued AD/F50/94 following an assessment of an airworthiness directive issued by the Netherlands Civil Aviation Authority. Given that these directives are issued in response to international obligations and not as a result of domestic public consultation, they do not require a Regulatory Impact Statement. Instead, they are made by authorised CASA officials in accordance with the Act.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia, ensuring the safety of air navigation. Under these regulations, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs concerning specific types of aircraft or aeronautical products, which are considered legislative instruments. This process is integral to fulfilling Australia's obligations under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as having overall responsibility for the continuing airworthiness of an aircraft type. CASA, as Australia's national airworthiness authority, must assess and potentially issue Australian ADs in response to directives from the relevant State of Design, such as the Netherlands in the case of the Fokker F50 aircraft. The issuance of ADs is not subject to public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The ADs are made by authorised CASA officials, in accordance with the legislative provisions, ensuring that the mandates align with international standards and practices.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for issuing airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations for the purposes of the Act, ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are disallowable instruments as per section 46A of the Acts Interpretation Act 1901.
The obligations of the Act and the Regulations include the requirement for the State of Design to provide necessary information to ensure the continuing airworthiness of an aircraft type, as stipulated under Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in this context is Australia, must then develop or adopt requirements to ensure the continuing airworthiness of aircraft within its registry. When a State of Design issues an AD, CASA must assess the information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
The Act and Regulations impose specific responsibilities on CASA. When a State of Design, such as the Netherlands Civil Aviation Authority (CAA), issues an AD, CASA must evaluate the directive. If deemed necessary, CASA issues an Australian AD to mandate the requirements for aircraft registered in Australia. This ensures that Australian-registered aircraft meet international safety standards. The Netherlands CAA issued AD NL-2006-005 affecting Fokker F50 aircraft, and CASA responded by issuing Australian AD/F50/94, effective from 8 June 2006.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish clear consequences for non-compliance with ADs. Failure to comply with an AD can result in serious safety risks, and non-compliance is an offence under the Act. The maximum penalties for contravening an AD include fines and imprisonment, although specific penalties are not detailed in the provided text. These provisions underscore the importance of adhering to ADs to maintain the safety and airworthiness of aircraft in Australia.