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-2006-009 affecting F27 Mark 50 model aircraft. The Netherlands is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/F50/96, which will become effective on 31 August 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 Australian Parliament, addresses the need for comprehensive regulation of civil aviation in Australia, with a focus on ensuring the safety of air navigation. Under this Act, the Governor-General is empowered to make regulations for the purposes of the Act, with the overarching aim of safeguarding air navigation. One significant regulation under this Act is the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products. These ADs are integral to maintaining the continuing airworthiness of aircraft, as they mandate necessary safety requirements. The process for issuing such directives is aligned with international standards set by the Convention on International Civil Aviation, ensuring consistency and cooperation among ICAO Contracting States. CASA, as Australia’s national airworthiness authority, is tasked with assessing information provided by the State of Design and issuing corresponding Australian ADs when necessary.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, ensuring compliance with safety standards and obligations under the Convention on International Civil Aviation. These regulations apply to entities such as aircraft manufacturers, operators, and maintenance organisations, imposing requirements on them to maintain the airworthiness of aircraft registered in Australia. The geographic scope of these regulations extends nationally within Australia, aligning with international civil aviation standards set by the International Civil Aviation Organization (ICAO). Exemptions or exclusions from these requirements are not specified within the primary text, suggesting that the ADs cover all applicable aircraft and aeronautical products unless otherwise noted in subordinate instruments. The legislative framework also incorporates disallowable instruments, such as ADs, which must be assessed and approved in accordance with the Legislative Instruments Act 2003.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia. According to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to create regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments as per section 6 of the Legislative Instruments Act 2003.
Under these regulations, CASA is tasked with ensuring the continuing airworthiness of aircraft registered in Australia. The State of Design, which in this case is the Netherlands for the F27 Mark 50 model aircraft, holds the primary responsibility for providing necessary information to ensure the airworthiness of the aircraft type. The State of Registry, which in this instance is Australia, must then assess this information and, if appropriate, issue an Australian AD to enforce the State of Design's requirements. This process is in line with Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Registry must adopt or develop requirements for the continuing airworthiness of aircraft.
CASA has assessed the AD issued by the Netherlands (AD NL-2006-009) and, in accordance with Australia's obligations under the Convention on International Civil Aviation, issued its own AD (AD/F50/96). This AD will take effect on 31 August 2006. Given the international nature of ADs and their basis in the Convention, no public consultation has been deemed necessary for this AD, and the Office of Regulatory Review has determined that it does not require a Regulatory Impact Statement. The AD was made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in compliance with subsection 84A(2) of the Act.
In terms of obligations, entities governed by these regulations must comply with the airworthiness directives issued by CASA. Failure to adhere to these directives can lead to significant consequences. Offences under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in both civil and criminal penalties. Civil penalties may include fines, while criminal penalties can include imprisonment, reflecting the serious nature of non-compliance with airworthiness requirements. The maximum penalties for breaches can vary depending on the severity and intent behind the violation.