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 United Kingdom (UK) CAA has issued AD G-2006-003 affecting BAE Systems Ltd Jetstream 3100 and Jetstream 3200 aircraft. UK is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/JETSTREAM/94, Amendment 2, which will become effective on 6 March 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 regulate civil aviation in Australia, ensuring safety and efficiency in air navigation. This legislation empowers the Governor-General to make regulations, including issuing airworthiness directives (ADs) for the safety of air navigation as per section 98. The Civil Aviation Safety Regulations 1998 further detail the process for issuing ADs, with regulation 39.001 delegating the authority to CASA. This authority is exercised in accordance with international standards, specifically Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design must provide information to ensure continuing airworthiness. In response to an AD issued by the United Kingdom Civil Aviation Authority concerning the BAE Systems Ltd Jetstream 3100 and Jetstream 3200 aircraft, CASA has issued Australian AD/JETSTREAM/94, Amendment 2, effective from 6 March 2006, cancelling and replacing the previous AD. This action aligns with Australia's obligations under international conventions and ensures compliance with continuing airworthiness requirements.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for the issuance of airworthiness directives (ADs) within Australia, ensuring compliance with international standards and obligations under the Convention on International Civil Aviation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These directives are legislative instruments and, as such, are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are registered under the Legislative Instruments Act 2003. The ADs apply to the continuing airworthiness of aircraft registered in Australia, aligning with the responsibilities of the State of Design and the State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. CASA, acting as Australia’s national airworthiness authority, is mandated to assess ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs. The issuance of these directives is governed by Australia’s international commitments and is not subject to public consultation or regulatory impact assessments, as they respond to international ADs rather than domestic issues.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives are intended to ensure the continuing airworthiness of aircraft and are issued under the authority granted by section 98 of the Civil Aviation Act 1988. Such directives are legislative instruments, as defined under section 6 of the Legislative Instruments Act 2003, and are disallowable under section 46A of the Acts Interpretation Act 1901.
These ADs serve as the primary mechanism by which the State of Design communicates necessary information to States of Registry, ensuring that all relevant information is disseminated to maintain airworthiness standards. The State of Registry, in turn, is tasked with the responsibility of ensuring the continuing airworthiness of individual aircraft. This involves developing or adopting requirements that align with the continuing airworthiness information provided by the State of Design. In the case of Australia, CASA, as the national airworthiness authority, must assess the ADs issued by the State of Design and, where necessary, issue corresponding Australian ADs to enforce the required measures.
Offences and consequences for non-compliance with ADs are significant. Under the Civil Aviation Act 1988, failure to comply with an AD can result in civil penalties, including fines. The exact amount of the penalty can vary but is determined based on the severity of the non-compliance and the potential risk to safety. In extreme cases, non-compliance with ADs can also lead to criminal charges, especially if the non-compliance results in an aviation incident or accident. The maximum penalties for such offences can include substantial fines and imprisonment, reflecting the serious nature of ensuring the continuing airworthiness of aircraft.
The issuance of ADs is also governed by international obligations under the Convention on International Civil Aviation, specifically Annex 8. This annex mandates that the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type and must provide all necessary information to the States of Registry. This collaborative approach ensures that all stakeholders are aligned in their efforts to maintain high safety standards. In the specific case of AD G-2006-003 issued by the UK Civil Aviation Authority (CAA) concerning BAE Systems Ltd Jetstream 3100 and Jetstream 3200 aircraft, CASA has issued an equivalent Australian AD, AD/JETSTREAM/94, Amendment 2, to mandate the same requirements in Australia.