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 G-2005-0022 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/J4100/22, 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 ensure the safety and efficiency of civil aviation within Australia. This legislation empowers the Governor-General to make regulations that contribute to the safety of air navigation, with the overarching aim of protecting the public and promoting a reliable and secure aviation industry. The Civil Aviation Safety Regulations 1998 further detail the regulatory framework, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft and aeronautical products, as stipulated under regulation 39.001. This regulatory approach is aligned with international standards, particularly Annex 8 to the Convention on International Civil Aviation, which delineates the responsibilities of States of Design and Registry in maintaining aircraft airworthiness. CASA, as Australia's national airworthiness authority, ensures compliance with these international obligations by issuing ADs, such as AD/J4100/22, which responds to directives from the UK Civil Aviation Authority for the BAe Jetstream 4100 model aircraft. This process, while mandated by international convention, does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. These directives apply to specific types of aircraft or aeronautical products and are a legislative instrument as per the Legislative Instruments Act 2003. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must furnish necessary information to the States of Registry, which are responsible for the ongoing airworthiness of individual aircraft. When a State of Design issues an AD, such as the UK CAA's AD G-2005-0022 for the BAe Jetstream 4100 model, CASA assesses the directive and, if deemed necessary, issues an Australian AD, such as AD/J4100/22, to enforce the requirements within Australia. The issuance of such directives is governed by international obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement. The ADs are issued by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in compliance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, under section 98, grants the Governor-General the authority to create regulations that serve the interests of air navigation safety. One of the key provisions of these regulations is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are regulatory instruments that mandate specific actions or conditions for certain types of aircraft or aeronautical products to ensure their continuing airworthiness. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, it is a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design, which is the country where an aircraft type is designed, bears the primary responsibility for ensuring the continuing airworthiness of the aircraft type. This responsibility includes providing all necessary information to the States of Registry, which are the countries where individual aircraft are registered. ADs serve as a primary means of disseminating this information. The State of Registry, on the other hand, must implement or adopt requirements to maintain the airworthiness of the aircraft on its register. When the State of Design issues an AD, CASA must assess the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
An example of this process is the UK Civil Aviation Authority’s AD G-2005-0022, which affects BAe Jetstream 4100 model aircraft. The UK, being the State of Design, issued this AD, which CASA has assessed and subsequently issued as Australian AD/J4100/22, effective from 20 February 2008. Given that this AD is issued in response to Australia’s obligations under the Convention on International Civil Aviation and the AD raised by the relevant State of Design, no public consultation was required. Furthermore, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
The AD was formulated by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act. This directive imposes specific obligations and requirements on the entities it governs, including ensuring compliance with the airworthiness standards set forth in the AD. Failure to adhere to these requirements can result in significant consequences, including potential safety risks and non-compliance with international aviation standards. The regulations provide for both civil and criminal penalties for breaches, which may include fines and imprisonment, depending on the severity and nature of the offence. The maximum penalties are specified within the relevant sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, ensuring that there are clear legal repercussions for non-compliance.