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 2008-0040 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/J4100/25, 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 by the Parliament of Australia, aims to ensure the safety and efficiency of civil aviation in Australia. This Act empowers the Governor-General to make regulations necessary for air navigation safety, including the issuance of airworthiness directives (ADs) through the Civil Aviation Safety Regulations 1998. Regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific aircraft types or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. The policy objective is to maintain and enhance the continuing airworthiness of aircraft in line with international standards, particularly those set by the International Civil Aviation Organization (ICAO). In this context, the Australian AD/J4100/25 issued on 14 March 2008, in response to an AD from the European Aviation Safety Authority (EASA) for the BAE Systems (Operations) Ltd Jetstream Series 4100 model aircraft, demonstrates Australia's commitment to fulfilling its obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) which are regulatory instruments designed to ensure the continuing safety and airworthiness of aircraft. Under the Act, the Governor-General has the authority to make regulations in the interests of air navigation safety, and CASA, as Australia’s national airworthiness authority, is empowered to issue ADs for certain kinds of aircraft or aeronautical products. These ADs serve as legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The application of ADs is guided by international standards set forth in Annex 8 to the Convention on International Civil Aviation, which delineates responsibilities between the State of Design and the State of Registry for aircraft airworthiness. Specifically, CASA must evaluate ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to enforce the required safety measures. In the case of the AD issued by the European Aviation Safety Authority affecting BAE Systems (Operations) Ltd Jetstream Series 4100 model aircraft, CASA has issued Australian AD/J4100/25, which reflects Australia’s commitment to international aviation safety standards and will take effect on 14 March 2008. The process of issuing these ADs does not require public consultation or a Regulatory Impact Statement, as they are issued in response to international obligations and are considered within the scope of existing regulatory frameworks.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish a framework for maintaining the airworthiness of aircraft within Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. It is important to note that these ADs are legislative instruments, as outlined in subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations are significant. The State of Design, which is responsible for the design of the aircraft, must ensure the continuing airworthiness of the aircraft type and provide necessary information to the State of Registry, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA as Australia's national airworthiness authority, must then assess the information provided by the State of Design and issue an Australian AD if appropriate. This ensures that the requirements set by the State of Design are mandated and enforced within Australia.
Failure to comply with the requirements set out in an airworthiness directive can lead to various consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in a civil penalty, as outlined in section 92 of the Act. The maximum penalty for an individual is $50,000, while for a body corporate, the penalty can be significantly higher, reaching up to $2.5 million. Additionally, CASA has the authority to issue a direction to rectify any non-compliant aircraft, which can include grounding the aircraft until the required actions are taken. These provisions ensure that airworthiness directives are taken seriously and enforced to maintain the highest safety standards in aviation.