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 2006-0128 affecting Jetstream series aircraft in 2006. The EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/JETSTREAM/102, which will become effective on 6 July 2006.
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, enacted by the Australian Parliament, serves to regulate the safety and efficiency of civil aviation within Australia, addressing the need for a comprehensive legal framework to manage the burgeoning aviation industry. This legislation is integral to the implementation of airworthiness directives, which are critical for maintaining the safety standards of aircraft in line with international obligations, such as those outlined in Annex 8 of the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 further define the parameters under which these directives are issued and enforced, ensuring that aircraft registered in Australia meet the necessary safety requirements. The policy objective is to ensure that the aviation industry adheres to high safety standards, both domestically and internationally, thereby protecting the public and maintaining the integrity of Australia's civil aviation system.
Scope and Application
The Civil Aviation Act 1988, through its regulations and associated instruments such as airworthiness directives (ADs), applies to the aviation industry in Australia, specifically targeting aircraft operators, manufacturers, and aviation authorities. The Act and the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, which are critical for ensuring the continuing airworthiness of aircraft. These ADs are legislative instruments that align with international obligations under the Convention on International Civil Aviation, particularly concerning the State of Design's responsibility for providing continuing airworthiness information. The application of ADs is not subjected to public consultation or a Regulatory Impact Statement, reflecting their technical and safety-focused nature. The geographic reach of this legislation is national, as CASA, acting as Australia's national airworthiness authority, must issue Australian ADs in response to international ADs issued by States of Design, such as the European Aviation Safety Agency (EASA).
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998 (CASR) relevant to the issue of airworthiness directives (ADs) include section 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. Section 39.001(5) specifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901 and is considered a legislative instrument under the Legislative Instruments Act 2003. These regulations mandate that CASA, as the national airworthiness authority, must assess ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to ensure compliance with airworthiness requirements.
The obligations imposed by these regulations on the parties and entities they govern include the requirement for CASA to evaluate and potentially issue ADs in response to directives from the State of Design. This ensures that Australian-registered aircraft meet international safety standards and comply with the continuing airworthiness requirements stipulated under Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in Australia is CASA, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered in Australia. These obligations underscore the importance of collaboration between the State of Design and the State of Registry to maintain safety standards across different jurisdictions.
Breaching the provisions of the CASR or failing to comply with issued ADs can result in civil or criminal consequences. Under section 42 of the Civil Aviation Act 1988, an offence is committed if any person contravenes a regulation, which may lead to significant penalties. The maximum penalties for breaches related to airworthiness can include substantial fines and imprisonment. For instance, section 46 of the Act provides for penalties that can reach up to $222,200 for individual offences and $1,111,100 for corporate offences, reflecting the seriousness of non-compliance with aviation safety regulations. Additionally, CASA can take enforcement actions, including grounding of non-compliant aircraft, which can have severe operational and financial repercussions for the operators.