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 United Kingdom CAA has issued AD G-2005-0024 affecting British Aerospace Jetstream series aeroplanes. The United Kingdom is the State of Design for this series of aeroplanes. CASA has assessed this AD and has issued Australian AD/JETSTREAM/101 which will become effective on 27 October 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 Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation and to ensure the safety of air navigation within Australia. The Act grants the Governor-General the authority to make regulations to further these objectives, with the Civil Aviation Safety Regulations 1998 establishing the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The authority to issue ADs under the Act aligns with international obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design has primary responsibility for the continuing airworthiness of aircraft types and must provide necessary information to the States of Registry. The Australian AD/JETSTREAM/101 issued by CASA on 27 October 2005, in response to a United Kingdom AD affecting British Aerospace Jetstream series aeroplanes, exemplifies this regulatory process. Given that this AD is a direct response to an international AD and is issued in compliance with international conventions, no public consultation was required, and the Office of Regulatory Review determined that it does not necessitate a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products, as authorised by section 98 of the Civil Aviation Act 1988. These ADs, which are legislative instruments subject to disallowance and oversight under the Legislative Instruments Act 2003, serve to ensure the continuing airworthiness of aircraft and aeronautical products, a responsibility that aligns with Australia's commitments under the Convention on International Civil Aviation. ADs are instrumental in maintaining safety standards and are issued by CASA in response to directives from the State of Design when these pertain to aircraft on the Australian Register. For instance, in response to the United Kingdom Civil Aviation Authority's AD G-2005-0024 concerning British Aerospace Jetstream series aeroplanes, CASA issued AD/JETSTREAM/101, effective from 27 October 2005. Given that these directives are issued pursuant to international obligations and in response to foreign ADs, they do not necessitate public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) (sections 98 and 39.001 respectively). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations in the interests of the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically enables the Civil Aviation Safety Authority (CASA) to issue ADs for particular kinds of aircraft or aeronautical products. An AD is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations under the Civil Aviation Safety Regulations 1998 require CASA to act when an AD is issued by a State of Design, such as the United Kingdom Civil Aviation Authority (CAA) in this instance. The State of Design, in this case, the United Kingdom, has the responsibility to ensure the continuing airworthiness of the aircraft type and must provide necessary information to States of Registry, including Australia. CASA, as Australia’s national airworthiness authority, must then assess this information and, if necessary, issue a corresponding AD for Australian-registered aircraft to ensure compliance with international standards. In this scenario, CASA issued Australian AD/JETSTREAM/101 in response to the UK CAA’s AD G-2005-0024, effective from 27 October 2005.
Entities and parties governed by these regulations must ensure compliance with ADs issued by CASA. Operators and owners of affected aircraft, such as those of the British Aerospace Jetstream series, are required to implement the specified measures within the timeframes outlined in the AD. Failure to comply with an AD can result in severe consequences, as ADs are critical for maintaining the airworthiness and safety of aircraft. CASA’s role includes monitoring compliance and taking enforcement actions against non-compliance, which can include grounding of non-compliant aircraft.
The Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988 impose penalties for non-compliance with ADs. The maximum penalties can include fines and imprisonment. For instance, under section 48 of the Civil Aviation Act 1988, an individual found guilty of contravening an AD can be fined up to 200 penalty units or imprisoned for up to two years, or both. Additionally, CASA can take civil action against non-compliant operators, which may include suspending or revoking their air operator certificates, thereby impacting their ability to conduct commercial aviation operations.