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 United Kingdom CAA and the EASA has issued ADs, listed in Schedule 1 and 2 respectively, affecting BAE Systems (Operations) Ltd Jetstream Model 4100 aircraft. The United Kingdom was the State of Design for these types until the EASA assumed this responsibility under Article 15(1) of Regulation (EC) No 1592/2002 of the European Parliament. CASA has assessed the individual ADs and has issued Australian AD/J4100/1, which will become effective on 31 January 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.
Schedule 1 to Explanatory Statement
Airworthiness Directive AD/J4100/1
CAA(UK) AD | Effective Date | Title |
G-2005-0006 | 8 February 2005 | ATA 24 - Electrical System- Modification |
Schedule 2 to Explanatory Statement
Airworthiness Directive AD/J4100/1
EASA AD | Effective Date | Title |
2007-0268 | 22 October 2007 | Placards & Marking - Propeller Limitations Placard - Replacement |
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, focusing on ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations in the interests of safety, and under this authority, the Civil Aviation Safety Regulations 1998 were established. One significant regulation is the issuance of airworthiness directives (ADs), which are legislative instruments used to mandate safety requirements for aircraft types registered in Australia. The ADs are issued by the Civil Aviation Safety Authority (CASA) to align with international standards and ensure compliance with Australia's obligations under the Convention on International Civil Aviation. The AD/J4100/1, issued on behalf of CASA, exemplifies this process, responding to directives from the United Kingdom Civil Aviation Authority and the European Aviation Safety Agency regarding specific aircraft models. This legislative approach underscores the policy objective of maintaining high safety standards in civil aviation by harmonising national regulations with international best practices.
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 legislative instruments, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific kinds of aircraft or aeronautical products, thereby fulfilling Australia's obligations under the Convention on International Civil Aviation. ADs are legislative instruments, and their issuance follows a process that ensures the continuing airworthiness of aircraft registered in Australia, particularly when mandated by the State of Design or other relevant international authorities such as the United Kingdom Civil Aviation Authority or the European Aviation Safety Agency. This process is conducted without public consultation as it pertains to international obligations and specific aircraft types already subject to international ADs. The issuance of ADs is further regulated by the Legislative Instruments Act 2003 and does not require a Regulatory Impact Statement, streamlining the regulatory process to ensure timely compliance with international airworthiness standards.
Key Provisions
The Civil Aviation Act 1988, through section 98, grants the Governor-General the authority to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore, they are legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations placed on the parties governed by the Act include ensuring the continuing airworthiness of aircraft. Specifically, the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing necessary information to the appropriate States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess the information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design.
Failure to comply with the requirements of an AD can lead to serious consequences. Civil aviation laws impose both civil and criminal penalties for non-compliance. The specific penalties vary depending on the severity and nature of the breach but can include fines, imprisonment, or both. For instance, under the Civil Aviation Act 1988, an individual or corporation may be liable for penalties if they fail to comply with an AD, potentially resulting in significant financial and reputational damage. Additionally, CASA may take enforcement actions such as grounding aircraft or suspending air operator certificates if safety requirements are not met.