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 European Aviation Safety Authority (EASA) has issued AD 2008-0091 affecting Fokker F27 Mk 050, Mk 0502 and F28 Mk 0100 model aircraft. The EASA acts on behalf of The Netherlands, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/F50/99 and AD/F100/90, which will become effective on 31 July 2008.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a legislative framework for ensuring the safety and efficiency of civil aviation in Australia. One of its primary purposes is to provide the regulatory basis for the issuance of airworthiness directives, which are critical for maintaining the safety standards of aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998 further detail the procedures and requirements for these directives. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for types of aircraft or aeronautical products, with such directives being classified as disallowable instruments under the Acts Interpretation Act 1901. This legislative mechanism allows CASA to mandate safety requirements as necessary. The issuing of these directives is in response to Australia's obligations under international conventions, such as Annex 8 to the Convention on International Civil Aviation, and in alignment with the continuing airworthiness responsibilities of the State of Design and the State of Registry.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This authority is exercised under section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations in the interests of air navigation safety. Airworthiness directives are considered disallowable instruments as per section 46A of the Acts Interpretation Act 1901 and are legislative instruments under the Legislative Instruments Act 2003. These directives are instrumental in ensuring the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation, where the State of Design retains responsibility for the airworthiness of an aircraft type. In Australia, CASA, as the national airworthiness authority, assesses information from the State of Design and issues corresponding Australian ADs when necessary. For instance, in response to EASA’s AD 2008-0091 affecting Fokker F27 and F28 model aircraft, CASA issued Australian ADs AD/F50/99 and AD/F100/90, effective from 31 July 2008. This AD process is governed by Australia's international obligations and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (section 98) grants the Governor-General the authority to create regulations for the Act's purposes, particularly focusing on the safety of air navigation. One significant regulation, 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are treated as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The ADs play a crucial role in maintaining the continuing airworthiness of aircraft, a responsibility that rests with the State of Design under Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to ensure that the aircraft type remains airworthy. The State of Registry, which is the country where the aircraft is registered, is tasked with developing or adopting requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction. In the case of Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if deemed appropriate, issue an Australian AD to enforce the requirements.
The obligations imposed by this legislation require CASA to assess ADs issued by the State of Design and to issue corresponding Australian ADs to ensure compliance with international standards and Australian regulations. This process ensures that aircraft registered in Australia meet the necessary safety standards as outlined by the relevant State of Design. For example, CASA assessed the European Aviation Safety Authority's (EASA) AD 2008-0091 concerning Fokker F27 Mk 050, Mk 0502, and F28 Mk 0100 model aircraft and subsequently issued Australian ADs AD/F50/99 and AD/F100/90.
Failure to comply with these ADs can result in serious consequences. Under the Civil Aviation Act 1988, there are specified offences and penalties for non-compliance with ADs. The penalties can be both civil and criminal, depending on the severity of the breach. For instance, failure to comply with an AD can lead to fines, imprisonment, or both, depending on the circumstances and the discretion of the court. These measures are in place to enforce adherence to safety regulations and to ensure that all aircraft operating within Australia meet the required safety standards.