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 2006-0087, affecting BAe Jetstream 3100 and 3200 series aircraft. The UK is the State of Design for this type. CASA has amended the equivalent Australian AD to reflect the new requirements of the State of Design AD. The amended Australian AD, AD/JETSTREAM/90 Amendment 3, will become effective on 8 June 2006. 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 was enacted to establish a legislative framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. This Act empowers the Governor-General to make regulations, including the issuance of airworthiness directives (ADs), to maintain safety standards in air navigation, as mandated by section 98 of the Act. The Civil Aviation Safety Regulations 1998 further detail these provisions, with regulation 39.001 allowing the Civil Aviation Safety Authority (CASA) to issue ADs for specific aircraft or aeronautical products. These directives are legislative instruments, as stipulated by the Legislative Instruments Act 2003. The Act seeks to align Australian aviation regulations with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which delineates responsibilities for the continuing airworthiness of aircraft types between the States of Design and Registry. CASA, as the national airworthiness authority, must evaluate and, if necessary, issue Australian ADs to meet these international obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, thereby ensuring compliance with the overarching goal of maintaining air safety as stipulated in the Civil Aviation Act 1988. These ADs are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The geographic scope of these regulations applies nationally, aligning with Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8, which designates the State of Design with the responsibility for the continuing airworthiness of an aircraft type. Consequently, when a State of Design issues an AD, CASA, acting as Australia’s national airworthiness authority, must evaluate and, if necessary, issue a corresponding Australian AD to enforce the requirements of the State of Design. For instance, in response to the European Aviation Safety Agency’s AD 2006-0087 concerning BAe Jetstream 3100 and 3200 series aircraft, CASA has amended the equivalent Australian AD, AD/JETSTREAM/90 Amendment 3, which will become effective on 8 June 2006, cancelling and replacing the previous issue. No public consultation is required for such ADs as they are issued in response to international obligations and specific design state mandates.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This regulatory mechanism is crucial for ensuring the continuing safety and airworthiness of aircraft registered in Australia. Section 98 of the Civil Aviation Act 1988 underpins the authority of the Governor-General to make such regulations in the interest of air navigation safety. It is important to note that these ADs are legislative instruments, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are subject to the provisions of the Legislative Instruments Act 2003.
The obligations placed on parties under these regulations are significant. The State of Design, in this case, the UK, is responsible for ensuring the continuing airworthiness of the aircraft type in question. This includes providing any necessary information to the States of Registry to ensure compliance with safety standards. For Australia, CASA, as the national airworthiness authority, must evaluate the information provided by the State of Design and, if appropriate, issue an Australian AD to mandate these requirements. This ensures that all aircraft registered in Australia meet international safety standards. Additionally, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction, thereby reinforcing the collaborative international framework for aviation safety.
Failure to comply with an AD can have serious legal consequences. Under the Civil Aviation Act 1988, any person who contravenes an AD commits an offence. The specific penalties for such breaches are detailed in the regulations and can include substantial fines and potential imprisonment. For instance, under regulation 39.006, a person who contravenes an AD may be liable to a fine of up to $27,500 for an individual and $137,500 for a body corporate, in addition to other potential criminal sanctions. These penalties underscore the importance of adhering to ADs to maintain the high safety standards expected in civil aviation.
The legislative process for issuing an AD, as seen in the case of AD/JETSTREAM/90 Amendment 3, demonstrates the regulatory framework's responsiveness to international safety directives. Given that the AD is issued in response to an AD from the State of Design and is rooted in Australia's obligations under the Convention on International Civil Aviation, there has been no requirement for public consultation. The Office of Regulatory Review has also determined that such ADs do not necessitate a Regulatory Impact Statement. This streamlined process ensures timely implementation of safety measures without unnecessary bureaucratic delays. The AD was issued by the Manager, Airframes, within CASA, in accordance with the provisions of the Civil Aviation Act 1988, specifically subsection 84A(2).