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 2006-0341 affecting BAe Jetstream 3100 model aircraft. EASA acts on behalf of the United Kingdom, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/JETSTREAM/103, which will become effective on 15 February 2007.
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, Airframes 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 in Australia, addressing the need for a comprehensive legal framework to ensure the safety and efficiency of air navigation within the country. This legislation empowers the Governor-General to make regulations that contribute to the safety of air navigation, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998 further elaborate on these provisions by allowing CASA to issue airworthiness directives for specific types of aircraft or aeronautical products. These directives serve as a legislative instrument under the Legislative Instruments Act 2003, ensuring that Australia meets its international obligations under the Convention on International Civil Aviation, specifically concerning the continuing airworthiness of aircraft types designed in other countries but registered in Australia.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, encompasses provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for certain types of aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003 and are crucial for maintaining the continuing airworthiness of aircraft as stipulated by Annex 8 of the Convention on International Civil Aviation. The State of Registry, which in the case of Australia is CASA, is tasked with ensuring that aircraft within its jurisdiction meet the necessary safety standards. When the State of Design issues an AD, CASA must evaluate the directive and, if necessary, issue a corresponding Australian AD. This legislative framework ensures that Australian aircraft comply with international safety standards and mandates the continuous airworthiness of aircraft types registered in Australia.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to create regulations that ensure the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. The AD is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003 and is subject to disallowance under section 46A of the Acts Interpretation Act 1901.
The obligations and requirements imposed by these provisions necessitate that CASA, as Australia's national airworthiness authority, must act on information provided by the State of Design, which holds overall responsibility for the continuing airworthiness of an aircraft type. When the State of Design issues an AD, CASA must evaluate this information and, if necessary, issue a corresponding Australian AD to enforce the State of Design's requirements. Additionally, the State of Registry is tasked with ensuring the continuing airworthiness of individual aircraft, which involves developing or adopting requirements to maintain airworthiness.
In terms of the consequences for breaches of these regulations, the Act does not explicitly outline specific offences or penalties related to non-compliance with ADs. However, the issuance of ADs is a critical regulatory mechanism to ensure safety, and failure to comply with these directives could potentially lead to enforcement actions by CASA. Such actions might include grounding of the aircraft until compliance is achieved, which could have significant operational and financial repercussions for the operators. The regulatory framework underscores the importance of adherence to ADs to maintain the highest safety standards in civil aviation.