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 2007-0087 affecting BAe Jetstream 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/104, which will become effective on 7 June 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, enacted to ensure the safety and efficiency of civil aviation, empowers the Governor-General to create regulations that align with the Act's safety objectives. In accordance with the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific aircraft or aeronautical products, which are crucial for maintaining the continuing airworthiness of aircraft. These directives are legislative instruments that reflect international obligations under the Convention on International Civil Aviation, specifically Annex 8, which designates the State of Design as responsible for the continuing airworthiness of aircraft types. Consequently, CASA must issue corresponding ADs when the State of Design mandates certain requirements, as illustrated by the issuance of AD/JETSTREAM/104 in response to the European Aviation Safety Authority's AD 2007-0087 for BAe Jetstream model aircraft. This legislative action ensures that Australia meets its international obligations and maintains high safety standards in civil aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) pertaining to specific types of aircraft or aeronautical products. These directives, which are legislative instruments under the Legislative Instruments Act 2003, serve as a critical mechanism for ensuring the continuing airworthiness of aircraft registered in Australia, aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation. The authority to issue such ADs stems from the Civil Aviation Act 1988, with the objective of maintaining safety standards in air navigation. These directives apply to entities involved in the operation and maintenance of aircraft registered within Australia, ensuring compliance with safety requirements mandated by the State of Design, typically the country where the aircraft was designed. While the issuance of ADs is governed by international obligations and does not typically require public consultation, they are crucial for maintaining the safety and airworthiness of aircraft operating under Australian jurisdiction.
Key Provisions
The main operative sections of this legislation pertain to the issuance and requirements of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations that are necessary for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 provides the Civil Aviation Safety Authority (CASA) with the authority to issue ADs for specific types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) classifies ADs as disallowable instruments under the Acts Interpretation Act 1901, and consequently, as legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the accompanying regulations are multifaceted. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide any necessary information to ensure the continued airworthiness of a type to the appropriate State of Registry. This aligns with Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case, CASA, is tasked with assessing the information provided by the State of Design and, if deemed necessary, issuing an Australian AD to mandate the requirements of the State of Design. This ensures that the aircraft meet the safety standards set by international conventions and the regulations of the Australian Government.
Failure to comply with the ADs can lead to significant legal consequences. While the specific offences, penalties, or civil/criminal consequences for breach are not explicitly stated in the text, it is clear that non-compliance with ADs, which are legislative instruments, can result in enforcement actions by CASA. Given the critical nature of airworthiness directives, penalties for non-compliance could include fines, suspension or revocation of aircraft certificates, and potentially criminal charges if the non-compliance results in safety incidents or accidents. The severity of these penalties underscores the importance of adhering to the ADs to maintain the highest safety standards in aviation.