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 2007-0074 affecting BAe Jetstream 3200 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/99, Amendment 1, which will become effective on 7 June 2007. 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 Parliament of Australia, serves as the foundational legal framework for regulating civil aviation within Australia. This legislation was introduced to address the need for comprehensive governance of air navigation safety, certification of aircraft, and other related aspects to ensure the safety and efficiency of civil aviation. The Act grants the authority to make regulations for the purposes of the Act, which includes the issuance of airworthiness directives to maintain the safety standards of aircraft. In line with the Act, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are considered legislative instruments under the Acts Interpretation Act 1901. These directives are essential for maintaining the continuing airworthiness of aircraft and are issued in accordance with international standards set by the International Civil Aviation Organization (ICAO). The policy objective is to ensure that aircraft operating in Australia meet the necessary safety standards as mandated by international conventions and Australian regulations.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These directives are legal instruments that mandate specific actions or modifications to maintain the airworthiness of aircraft and are applicable to aircraft registered in Australia, regardless of their country of origin. As part of Australia's commitment to international aviation standards under Annex 8 of the Convention on International Civil Aviation, CASA must assess and, where necessary, issue Australian ADs in response to directives issued by the State of Design. In this instance, CASA has issued Australian AD/JETSTREAM/99, Amendment 1, in response to EASA’s AD 2007-0074 for BAe Jetstream 3200 model aircraft, which will become effective on 7 June 2007, replacing the previous version. This AD is a legislative instrument and, due to its nature and international obligations, no public consultation or Regulatory Impact Statement was required. The AD was made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with the relevant legislative provisions.
Key Provisions
The Civil Aviation Act 1988 (section 98) grants the Governor-General the authority to establish regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. As per subregulation 39.001(5), an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore, it is considered a legislative instrument according to section 6 of the Legislative Instruments Act 2003. These ADs are critical in ensuring the continuing airworthiness of aircraft, as per Annex 8 of the Convention on International Civil Aviation, which stipulates that the State of Design holds primary responsibility for the airworthiness of an aircraft type and must provide necessary information to the States of Registry to maintain this airworthiness.
The State of Registry is tasked with ensuring the continuing airworthiness of individual aircraft. Under Annex 8, the State of Registry must establish or adopt requirements to guarantee the airworthiness of aircraft registered within its jurisdiction. When the State of Design issues an AD against a type of aircraft registered in Australia, CASA must review this information and, if deemed appropriate, issue an Australian AD to enforce the requirements of the State of Design. This process ensures that Australian aircraft meet the necessary safety standards.
In the specific case of the BAe Jetstream 3200 model aircraft, the European Aviation Safety Authority (EASA), acting on behalf of the United Kingdom (the State of Design), issued AD 2007-0074. CASA assessed this AD and subsequently issued Australian AD/JETSTREAM/99, Amendment 1, which took effect on 7 June 2007. This new AD replaces the previous one. Given that this AD is issued in response to Australia’s obligations under the Convention on International Civil Aviation and in reaction to an AD from the relevant State of Design, no consultation with the Australian public was necessary. Additionally, the Office of Regulatory Review has concluded that ADs do not require a Regulatory Impact Statement.
The Manager, Airframes in the Manufacturing, Certification and New Technologies Office, issued this AD on behalf of CASA, in accordance with subsection 84A(2) of the Act. This process underscores the importance of international cooperation in maintaining aviation safety standards. The obligations imposed on the parties, particularly CASA and the State of Registry, are to ensure that all necessary measures are taken to comply with ADs issued by the relevant State of Design, thereby safeguarding the continuing airworthiness of aircraft.
Failure to comply with an AD can result in serious consequences. Under section 84A of the Civil Aviation Act 1988, non-compliance with an AD is an offence. The Act provides for penalties for breaches, which can include fines and imprisonment, depending on the severity of the offence. The specific penalties are not detailed in the provided text but are typically determined based on the nature and impact of the breach. The consequences for non-compliance can be both civil and criminal, depending on whether the breach is deemed to be a minor administrative infraction or a significant safety violation. This dual approach ensures that compliance with airworthiness directives is taken very seriously, reflecting the critical importance of aviation safety.