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 2008-0036 affecting BAe Jetstream 4100 model aircraft. EASA acts on behalf of The United Kingdom, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/J4100/23, which will become effective on 10 April 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 comprehensive legal framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations, such as those concerning airworthiness directives (ADs), to support the overarching goal of aviation safety. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific types of aircraft or aeronautical products, reflecting international standards as set out in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Act 1988 thus addresses the need for a structured and legally-backed approach to maintaining the airworthiness of aircraft registered in Australia, aligning with both domestic and international safety requirements.
Scope and Application
The Civil Aviation Safety Regulations 1998, as an extension of the Civil Aviation Act 1988, provide a framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These regulations apply to any person or entity involved in the operation or maintenance of aircraft and aeronautical products within Australia. This encompasses individuals, companies, and other entities that fall under the purview of Australian civil aviation law. The geographic reach of these regulations is national, applying across all states and territories of Australia. ADs are legislative instruments that mandate safety requirements to ensure the continuing airworthiness of aircraft types. They are issued under the authority of the Governor-General and in accordance with international standards, particularly those set out in Annex 8 to the Convention on International Civil Aviation. Notably, ADs do not require consultation with the Australian public or a Regulatory Impact Statement, as they are typically issued in response to directives from the State of Design or other ICAO Contracting States. CASA, as the national airworthiness authority, assesses and issues Australian ADs to align with international safety standards and obligations.
Key Provisions
The Civil Aviation Safety Regulations 1998 under section 39.001 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. According to subregulation 39.001(5), these directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments as per section 6 of the Legislative Instruments Act 2003. This legal framework is designed to ensure the safety of air navigation and to comply with the obligations of the State of Design under Annex 8 to the Convention on International Civil Aviation.
The Civil Aviation Safety Regulations 1998 impose specific obligations on CASA. When a State of Design, such as the United Kingdom for the BAe Jetstream 4100 model, issues an AD, CASA must assess this information and, if appropriate, issue an Australian AD to enforce the State of Design's requirements. This process ensures that the continuing airworthiness of aircraft registered in Australia is maintained. Additionally, the State of Registry is mandated under Annex 8 to develop or adopt requirements to ensure the continuing airworthiness of aircraft, thereby reinforcing the safety standards in line with international conventions.
The legislation provides for various consequences if the requirements of the ADs are not met. Violation of an airworthiness directive can lead to significant civil and criminal penalties. Under the Civil Aviation Act 1988, the non-compliance with ADs can result in hefty fines and potential imprisonment. The exact penalties depend on the severity of the breach and the specific provisions of the Civil Aviation Act. The regulatory impact of such non-compliance is substantial, as it directly affects the safety and operational standards of aviation in Australia.
Given that these directives are issued in response to international obligations and assessments, there is no requirement for public consultation on each AD. This is in line with the determination by the Office of Best Practice Regulation, which concluded that ADs do not necessitate a Regulatory Impact Statement. The ADs are made by authorised personnel within CASA, such as the Manager, Airframes in the Airworthiness Engineering Branch, in accordance with the provisions of the Civil Aviation Act 1988. This systematic approach ensures that all ADs are issued with due regard for the safety and regulatory frameworks governing civil aviation.