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 2006-0131 affecting British Aerospace Jetstream 4100 series aeroplanes. EASA acts on behalf of the United Kingdom, the State of Design for these aeroplanes. CASA has assessed this AD and has issued Australian AD/J4100/2, 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 Acting 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, enacted by the Parliament of Australia, is a comprehensive piece of legislation designed to ensure the safety of air navigation and the continuing airworthiness of aircraft. One of its mechanisms for achieving this is through the issuance of airworthiness directives (ADs), which are regulatory tools used to mandate safety requirements on specific types of aircraft or aeronautical products. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue such directives. This legislative framework aligns with the obligations under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of aircraft types, and requires them to provide necessary information to States of Registry. In practice, this means that when a State of Design issues an AD, CASA must assess the information and, if necessary, issue a corresponding Australian AD to enforce the requirements within Australia. The issuance of these directives is intended to harmonise international safety standards and ensure that aircraft registered in Australia meet consistent and internationally recognised safety benchmarks.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are integral to ensuring the continuing airworthiness of aircraft in accordance with international standards set forth in Annex 8 to the Convention on International Civil Aviation. When a State of Design, such as the European Aviation Safety Authority (EASA) for the United Kingdom, issues an AD concerning aircraft registered in Australia, CASA, as Australia's national airworthiness authority, is mandated to evaluate this information. If deemed necessary, CASA issues its own AD to enforce the requirements set by the State of Design. This particular AD, issued in response to EASA's AD 2006-0131 for British Aerospace Jetstream 4100 series aeroplanes, will be implemented in Australia as AD/J4100/2, effective from 20 February 2008. Given the AD's basis in international obligations and the direct response to a State of Design's directive, no public consultation has been required, and the AD does not necessitate a Regulatory Impact Statement. The AD has been formally made by the Acting Manager, Systems and New Technologies, within CASA's Airworthiness Engineering Branch, in compliance with the Civil Aviation Act 1988.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations in the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. The ADs serve to ensure the continuing airworthiness of aircraft types and individual aircraft, aligning with international obligations under Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these regulations are primarily on CASA, as Australia's national airworthiness authority. When a State of Design issues an AD for an aircraft type registered in Australia, CASA must assess the information and, if appropriate, issue a corresponding Australian AD. This ensures that the requirements of the State of Design are enforced within Australia. Furthermore, the State of Registry for an individual aircraft is mandated to develop or adopt requirements to ensure the continuing airworthiness of that aircraft. CASA must also ensure that these requirements are met by all aircraft registered in Australia, thereby fulfilling its regulatory responsibilities.
Breaches of the provisions outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to both civil and criminal consequences. Under section 98 of the Act, any person who contravenes the regulations may be subject to penalties. For example, the maximum penalty for non-compliance with an AD could be significant, reflecting the importance of adhering to air safety regulations. While the specific penalties are not detailed in the explanatory statement, they are likely to be substantial, given the critical nature of airworthiness directives. The enforcement of these regulations is essential to maintain the high standards of safety in civil aviation.