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 UK CAA has issued AD G-2005-0011 affecting BAe Jetstream model aircraft. The UK is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/JETSTREAM/90, Amendment 2, which will become effective on 1 September 2005. This AD cancels and replaces the previous issue.
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 by the Commonwealth Parliament, governs various aspects of civil aviation in Australia, with an overarching focus on ensuring the safety and efficiency of air navigation. To implement the provisions of the Act, the Civil Aviation Safety Regulations 1998 were established to provide detailed safety standards and requirements. Under section 98 of the Civil Aviation Act, the Governor-General has the authority to make regulations to enhance air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve to maintain the continuing airworthiness of aircraft, aligning with international obligations under the Convention on International Civil Aviation, specifically Annex 8. The ADs are legislative instruments as defined by the Legislative Instruments Act 2003. The authority to issue ADs stems from the State of Design's responsibility for the continuing airworthiness of an aircraft type, with CASA acting as Australia’s national airworthiness authority, mandated to issue corresponding ADs when required.
Scope and Application
The Civil Aviation (Airworthiness) Amendment Regulation 2005 (F2005L02053) pertains to the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, specifically focusing on the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. This regulation applies to all aircraft registered in Australia, irrespective of whether they are operated commercially or privately, and to aeronautical products used within the country. It extends to any person or entity responsible for maintaining the airworthiness of these aircraft, including aircraft owners, operators, maintenance providers, and other stakeholders within the aviation industry. The regulation operates within the national jurisdiction of Australia, aligning with international standards set by the International Civil Aviation Organization (ICAO) through Annex 8 to the Convention on International Civil Aviation. ADs issued under this regulation are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and they reflect Australia’s obligations to ensure the continuing airworthiness of aircraft designed and registered in other countries. This regulation does not require public consultation or a Regulatory Impact Statement as it adheres to international standards and is issued in response to directives from the State of Design.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides a framework for the issuance of airworthiness directives (ADs) (sections 98 and 39.001). An AD is a legislative instrument that ensures the safety of air navigation, as mandated by the Governor-General. The ADs are typically issued by the Civil Aviation Safety Authority (CASA) in response to an AD issued by the State of Design, which is responsible for the continuing airworthiness of the aircraft type. In this instance, CASA has issued Australian AD/JETSTREAM/90, Amendment 2, in response to the UK Civil Aviation Authority's AD G-2005-0011 concerning the BAe Jetstream model aircraft.
The obligations under this legislation primarily rest on CASA and the State of Registry. CASA, as Australia’s national airworthiness authority, must assess ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to ensure compliance with the airworthiness requirements (subregulation 39.001(5)). The State of Registry, in this case, Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction, following the guidelines set out in Annex 8 to the Convention on International Civil Aviation.
Failure to comply with ADs may lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with airworthiness directives can result in both civil and criminal penalties. Civil penalties may include fines, while criminal penalties can include imprisonment. The specific penalties are not detailed in the provided text but would be determined by the courts based on the nature and severity of the breach.
Additionally, the legislative process for issuing these ADs follows a structured approach. The AD is issued 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. This ensures that the ADs are issued within the legal framework and with the necessary authority.