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 issued AD 2009-0135 affecting British Aerospace BAe Jetstream 200, 3100 and 3200 aeroplanes. The United Kingdom is the State of Design for these aeroplanes. As a result, CASA has amended the equivalent Australian AD to AD/JETSTREAM/95 Amendment 3 which will become effective on
24 September 2009. 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, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, was introduced to regulate civil aviation and ensure the safety of air navigation, among other objectives. This Act allows for the creation of regulations that support its purposes, such as the Civil Aviation Safety Regulations 1998. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. ADs are legislative instruments designed to maintain the continuing airworthiness of aircraft, in line with international standards set by the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, assesses information from the State of Design and issues ADs to mandate the necessary requirements, ensuring compliance with Australia’s obligations under international conventions. The issuing of ADs is conducted without public consultation as it pertains to international obligations and responses to directives from the State of Design. The ADs are created in accordance with the legislative framework established by the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, with the Civil Aviation Safety Authority (CASA) empowered to issue such directives under regulation 39.001. This authority is exercised to ensure the safety of air navigation, aligning with Australia's obligations under international aviation standards, particularly those set by the International Civil Aviation Organization (ICAO). The application of these directives extends to all aircraft types registered in Australia and encompasses aeronautical products. Notably, ADs are legislative instruments, subject to disallowance and review processes as outlined in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. While ADs are designed to maintain airworthiness, they are issued without public consultation due to their basis in international obligations and responses to directives from the State of Design, which is the country responsible for the design of the aircraft type. The issuance of these directives is a direct consequence of Australia’s commitment to international civil aviation standards, ensuring uniformity and safety across the global aviation sector.
Key Provisions
The key provisions of the Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation (s. 98). Regulation 39.001 empowers CASA to issue these directives for specific kinds of aircraft or aeronautical products. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and they are legislative instruments as per section 6 of the Legislative Instruments Act 2003. This process is also aligned with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has overarching responsibility for the continuing airworthiness of an aircraft type and must share necessary information with States of Registry. The State of Registry, in turn, is responsible for ensuring the continuing airworthiness of individual aircraft.
These provisions impose several obligations on the parties involved. The State of Design must issue ADs to ensure the continuing airworthiness of aircraft types, providing necessary information to the States of Registry. CASA, as Australia's national airworthiness authority, must then assess this information and, if necessary, issue equivalent Australian ADs to mandate the requirements of the State of Design. For example, following the issuance of AD 2009-0135 by the European Aviation Safety Agency (EASA) for British Aerospace BAe Jetstream 200, 3100, and 3200 aeroplanes, CASA amended the equivalent Australian AD to AD/JETSTREAM/95 Amendment 3, which became effective on 24 September 2009. Because these ADs are issued under international obligations and in response to directives from the relevant State of Design, no public consultation is required, and the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
Failure to comply with ADs can result in severe consequences. Although the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly detail the penalties for non-compliance, the overarching aim of these regulations is to ensure air safety. Non-compliance with ADs could potentially lead to the grounding of aircraft, which could have significant civil and criminal implications, including fines and imprisonment under other relevant aviation and safety legislation. CASA may also take enforcement actions, such as imposing fines or taking legal action against non-compliant entities or individuals. It is important to note that these potential penalties and consequences are derived from the overarching intent to ensure the highest standards of air safety as mandated by the Civil Aviation Act 1988 and its regulations.