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 UK CAA has issued AD 004-04-96 affecting BAe Jetstream 4100 model aircraft. The UK is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/J4100/11, which will become effective on 20 February 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, Airframes 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 provide a framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. Section 98 of the Act empowers the Governor-General to make regulations in the interests of air navigation safety, delegating authority to the Civil Aviation Safety Authority (CASA). Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA has the power to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that are subject to disallowance and are intended to maintain the continuing airworthiness of aircraft in accordance with international standards, particularly under Annex 8 to the Convention on International Civil Aviation. The ADs ensure that Australia meets its obligations as a State of Registry while adhering to the directives issued by the State of Design. In the case of BAe Jetstream 4100 model aircraft, CASA issued AD/J4100/11 following assessment of an AD from the UK Civil Aviation Authority (CAA), reflecting Australia's commitment to international civil aviation safety standards.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998, particularly regulation 39.001, provide the framework for issuing airworthiness directives (ADs) in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products, which are intended to ensure the safety of air navigation. Each AD is considered a legislative instrument, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003 respectively. ADs are mandated by Australia’s commitment to the Convention on International Civil Aviation, specifically Annex 8, which outlines the responsibilities of States of Design and States of Registry for the continuing airworthiness of aircraft. In practice, when a State of Design issues an AD, CASA must evaluate this information and, if necessary, issue a corresponding Australian AD to enforce the requirements within Australia. This legislative process ensures that Australian-registered aircraft meet international safety standards, reflecting Australia’s obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework under which airworthiness directives (ADs) are issued in Australia. Section 98 of the Act (Civil Aviation Act 1988) authorises the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 (Civil Aviation Safety Regulations 1998) specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. This regulatory power is derived from the broader responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these provisions include CASA's responsibility to assess and, if necessary, issue Australian ADs in response to ADs issued by the State of Design. For instance, the UK Civil Aviation Authority (CAA) issued AD 004-04-96 concerning the BAe Jetstream 4100 model aircraft. As the UK is the State of Design for this aircraft type, CASA assessed the UK AD and issued Australian AD/J4100/11, which will take effect on 20 February 2008. Furthermore, the State of Registry, which in Australia is CASA, must ensure the continuing airworthiness of individual aircraft and must develop or adopt requirements to achieve this, in line with Annex 8.
Breaching the requirements set out in an AD can result in serious consequences. Under the Civil Aviation Act 1988, operating an aircraft that does not comply with an AD can lead to civil penalties, including fines. Specifically, section 49 of the Act provides that a person who contravenes a regulation can be liable to a penalty of up to $22,200 for each occurrence. Additionally, there are potential criminal penalties for breaches that result in serious harm or death, which can include substantial fines and imprisonment. The severity of the penalties reflects the importance of adhering to ADs for maintaining the safety standards required under Australian and international aviation regulations.