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 2008-0041 affecting BAE Systems (Operations) Ltd Jetstream Series 4100 model aircraft. The EASA acts on behalf of the United Kingdom, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/J4100/24, which will become effective on 14 March 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 to ensure the safety of air navigation in Australia, empowers the Governor-General to create regulations that serve the interests of air safety. Specifically, under section 98 of this Act, the Civil Aviation Safety Regulations 1998 were established, which in turn permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products through regulation 39.001. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. In response to international obligations under the Convention on International Civil Aviation, and to ensure the continuing airworthiness of aircraft registered in Australia, CASA has the duty to issue corresponding ADs when notified by the aircraft's State of Design. This process ensures that Australian aircraft comply with international safety standards, with no requirement for public consultation as determined by the Office of Best Practice Regulation. The AD in question, issued in line with these provisions, mandates compliance with an AD issued by the European Aviation Safety Authority concerning the BAE Systems (Operations) Ltd Jetstream Series 4100 model aircraft.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products, thereby ensuring the safety of air navigation as mandated by section 98 of the Civil Aviation Act 1988. This legislative framework extends its application to any aircraft registered in Australia and subject to the jurisdiction of the Commonwealth of Australia, aligning with international standards set by the Convention on International Civil Aviation. Each State of Design retains responsibility for the continuing airworthiness of aircraft types, and CASA, as Australia’s national airworthiness authority, must evaluate and, if necessary, issue corresponding Australian ADs to enforce these requirements domestically. The issuance of ADs such as AD/J4100/24, in response to AD 2008-0041 by the European Aviation Safety Authority for BAE Systems (Operations) Ltd Jetstream Series 4100 model aircraft, is a direct consequence of Australia’s international obligations under the Convention on International Civil Aviation. This legislative instrument does not necessitate public consultation or a Regulatory Impact Statement, and it is prepared by CASA in accordance with subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988 and its associated regulations, particularly the Civil Aviation Safety Regulations 1998, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) (s. 98; reg. 39.001). These directives serve as formal requirements for maintaining the airworthiness of specific types of aircraft or aeronautical products. The legal nature of ADs is such that they are considered disallowable instruments under the Acts Interpretation Act 1901 and legislative instruments under the Legislative Instruments Act 2003 (reg. 39.001(5)). Under international aviation standards, the State of Design retains responsibility for the continuing airworthiness of aircraft types and must furnish necessary information to the States of Registry. In Australia, CASA, as the national airworthiness authority, must evaluate the information provided by the State of Design and issue corresponding Australian ADs if necessary to align with international obligations under the Convention on International Civil Aviation.
Entities and individuals governed by these provisions are obligated to comply with airworthiness directives issued by CASA. Specifically, the State of Registry must implement and enforce requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. This includes adhering to ADs issued by CASA in response to directives from the aircraft's State of Design. Non-compliance with these ADs can lead to serious safety implications and legal consequences. Furthermore, the State of Design has a duty to provide accurate and timely information regarding the airworthiness of the aircraft, ensuring that all necessary measures are taken to maintain safety standards.
Breach of airworthiness directives can result in significant legal and safety consequences. Under the Civil Aviation Act 1988, failure to comply with an AD can be considered an offence. The penalties for such offences can include substantial fines and, in severe cases, imprisonment. For example, under the Act, a person who contravenes an airworthiness directive may be liable to a penalty of up to $162,000 for a corporation or $32,400 for an individual, alongside potential imprisonment terms. These penalties underscore the importance of strict adherence to airworthiness requirements to ensure the safety of air navigation. The rigorous enforcement of these provisions is crucial to uphold the high safety standards mandated by international and domestic aviation laws.