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 2007-0039-E affecting Bombardier Shorts SD3-60 aircraft. The EASA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/SD3-60/70, which will become effective on 23 February 2007.
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, New Technologies and Systems, 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 provide a comprehensive legal framework governing civil aviation in Australia, ensuring the safety and efficiency of air navigation within the country. It empowers the Governor-General to make regulations in the interests of aviation safety, delegating authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, which are legislative instruments, serve as a mechanism for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The Act and its regulations aim to uphold high safety standards by ensuring that aircraft meet specific airworthiness criteria, and they mandate that CASA assess and implement ADs issued by States of Design, such as the European Aviation Safety Agency (EASA) for certain aircraft types registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Governor-General to enact regulations for the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs apply to specific types of aircraft or aeronautical products and are legislative instruments as defined under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. In line with Annex 8 to the Convention on International Civil Aviation, the State of Design has the responsibility to ensure the continuing airworthiness of an aircraft type, while the State of Registry must develop or adopt requirements to ensure the same for individual aircraft. Therefore, when the European Union Aviation Safety Agency (EASA), as the State of Design for Bombardier Shorts SD3-60 aircraft, issues an AD, CASA, as Australia’s national airworthiness authority, must assess this information and, if necessary, issue an Australian AD to enforce the requirements. This process is governed by Australia’s obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement. The AD is issued by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, through section 98, allows the Governor-General to make regulations aimed at ensuring 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 types of aircraft or aeronautical products. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, meaning they are subject to parliamentary review, and they qualify as legislative instruments under section 6 of the Legislative Instruments Act 2003. Such directives are crucial in maintaining the airworthiness of aircraft, ensuring they meet safety standards set by the Convention on International Civil Aviation, particularly as outlined in Annex 8.
The obligations under these regulations are multifaceted. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to the State of Registry to maintain the airworthiness of the aircraft on the Australian Register. For example, the European Aviation Safety Agency (EASA), as the State of Design for Bombardier Shorts SD3-60 aircraft, issues ADs that must be assessed and potentially adopted by CASA. CASA, as Australia's national airworthiness authority, has the responsibility to issue Australian ADs if it deems them necessary following an assessment of information from the State of Design. This ensures that the Australian aviation industry complies with international standards and maintains the safety of air navigation.
Failure to comply with an airworthiness directive can lead to significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in the grounding of an aircraft, which can be a severe penalty for airlines and operators. The Act also allows for administrative action to be taken against individuals or entities that fail to comply with ADs. The severity of the penalties can include fines, imprisonment, or both, depending on the seriousness of the breach. For instance, section 98 of the Act provides for penalties up to $200,000 for corporations and $20,000 for individuals, reflecting the high stakes involved in ensuring air safety.
In the context of AD 2007-0039-E issued by EASA and subsequently adopted by CASA as AD/SD3-60/70, there are no public consultations required as the issuance is mandated by international obligations under the Convention on International Civil Aviation. The AD is issued in response to the State of Design's directive, and the Office of Regulatory Review has determined that such directives do not necessitate a Regulatory Impact Statement. The AD was made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office at CASA, in accordance with subsection 84A(2) of the Act, ensuring that the process adheres to legal requirements.