CIVIL AVIATION ACT 1988
CIVIL AVIATION 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-2005-0010 affecting British Aerospace Jetstream Series HP137, 200, 3100 and 3200 model aircraft. UK is the State of Design for BAe Jetstream aircraft. CASA has assessed this AD and has issued Australian AD/JETSTREAM/100, Original Issue, which will become effective on 7 July 2005.
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 Section Head - Systems, Airworthiness Standards Branch, Standards Division, 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 regulate civil aviation in Australia to ensure the safety of air navigation and other related aspects. Section 98 of the Act empowers the Governor-General to make regulations, such as the Civil Aviation Regulations 1998, which delegate to the Civil Aviation Safety Authority (CASA) the power to issue airworthiness directives (ADs). These ADs are legislative instruments that mandate safety requirements for aircraft and aeronautical products, aligning with international standards and obligations under the Convention on International Civil Aviation. The issuance of such directives is integral to maintaining the continuing airworthiness of aircraft, with CASA acting as Australia’s national airworthiness authority, ensuring compliance with international agreements and the safety of air navigation within Australia.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Regulations 1998, governs the issuance of airworthiness directives (ADs) for aircraft and aeronautical products in Australia. The Act empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. Under regulation 39.001, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific types of aircraft or aeronautical products, which are legislative instruments as per section 46A of the Acts Interpretation Act 1901. These ADs are integral to maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry. The State of Design, such as the UK for British Aerospace Jetstream aircraft, issues ADs based on international standards, which CASA must then assess and potentially mandate through an Australian AD. The issuance of such directives is governed by Australia's obligations under the Convention on International Civil Aviation, and as such, they do not require public consultation or a Regulatory Impact Statement, having been made under the authority of CASA.
Key Provisions
The Civil Aviation Act 1988 and Civil Aviation Regulations 1998 provide a framework for ensuring the safety of air navigation, particularly through the issuance of airworthiness directives (ADs). Under section 98 of the Act, the Governor-General has the power to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments, as outlined in the Legislative Instruments Act 2003, and are subject to disallowance under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by the Act and Regulations are significant for both the State of Design and the State of Registry of aircraft. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, including providing necessary information to ensure airworthiness. This responsibility is recognised under Annex 8 to the Convention on International Civil Aviation. Correspondingly, the State of Registry must implement measures to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When an AD is issued by the State of Design, such as the UK Civil Aviation Authority (CAA) issuing AD G-2005-0010 for British Aerospace Jetstream aircraft, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements domestically. This process ensures compliance with international standards and obligations under the Convention.
In terms of consequences for non-compliance, the Act does not explicitly detail the specific penalties or enforcement actions for breaching ADs. However, non-compliance with airworthiness directives can lead to serious safety risks, and CASA has the authority to enforce compliance through various means, including grounding aircraft, imposing fines, or taking legal action against operators who fail to adhere to the directives. Although the specific penalties are not detailed in the text, the importance of compliance is underscored by the regulatory framework designed to maintain the highest safety standards in air navigation.
The issuance of ADs, such as the Australian AD/JETSTREAM/100, is mandated by international agreements and does not require public consultation as determined by the Office of Regulatory Review. This is because ADs are a direct response to international obligations and do not necessitate a Regulatory Impact Statement. The AD was issued by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, in accordance with subsection 84A(2) of the Act, reflecting the streamlined process designed to address safety concerns promptly and effectively.