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 EASA has issued AD 2009-0038 affecting BAE (Operations) Ltd Jetstream 4100 series aircraft. The United Kingdom is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/J4100/26, which will become effective on 7 May 2009.
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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, 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 air navigation within Australia. The Act provides a framework for the regulation of civil aviation and authorises the Governor-General to make regulations to further these objectives. Under the authority granted by the Act, the Civil Aviation Safety Regulations 1998 were introduced, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments under the Legislative Instruments Act 2003 and are crucial for maintaining the continuing airworthiness of aircraft as mandated by international standards under the Convention on International Civil Aviation. The objective of these regulations is to align Australia's aviation safety practices with international norms, ensuring that all aircraft registered in Australia meet the necessary safety standards set by the relevant State of Design.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to various entities within the aviation sector, including aircraft manufacturers, operators, and maintenance providers. Specifically, the regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. These ADs serve as critical tools for ensuring the continuing airworthiness of aircraft and are mandated by Australia's obligations under the Convention on International Civil Aviation. When a State of Design, such as the United Kingdom, issues an AD for a type of aircraft registered in Australia, CASA must review and, if necessary, issue a corresponding Australian AD. Such ADs are considered legislative instruments and do not require public consultation or a Regulatory Impact Statement. This process ensures that Australian aviation standards align with international safety requirements, thereby maintaining the safety of air navigation within Australia's jurisdiction.
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. These directives are designed to maintain the continuing airworthiness of aircraft, which is a critical aspect of aviation safety. Section 98 of the Civil Aviation Act 1988 grants the Governor-General the authority to create regulations in the interests of air navigation safety, and regulation 39.001(5) further delineates the nature of ADs as disallowable instruments under the Acts Interpretation Act 1901. Thus, ADs are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on the parties governed by it are primarily centred around ensuring the continuing airworthiness of aircraft. The State of Design, which is responsible for the initial airworthiness of an aircraft type, must provide necessary information to the States of Registry to ensure the aircraft's continuing airworthiness. Similarly, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of the aircraft registered within its jurisdiction. For Australian registered aircraft, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to enforce the requirements of the State of Design. This obligation is mandated under Annex 8 to the Convention on International Civil Aviation.
In terms of consequences for non-compliance, the Civil Aviation (Safety) Regulations 1998 do not explicitly state specific offences, penalties, or consequences for breaching the requirements of an AD. However, the overarching objective of these regulations is to ensure the safety of air navigation, and non-compliance could potentially lead to significant safety risks. Such risks might not only result in regulatory action by CASA but could also have severe implications in terms of operational safety and liability. It is important to note that the issuance of ADs, like AD/J4100/26, is not subject to public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review, reflecting the urgency and critical nature of airworthiness directives.