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 2006-0221 affecting SAAB 340A and 340B aeroplanes. The EASA is the State of Design for these aeroplanes. CASA has amended the equivalent Australian AD to AD/SF340/100 Amendment 1 which will become effective on 30 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 Acting 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 ensure the safety and efficiency of civil aviation in Australia, addressing gaps in regulatory frameworks for air navigation and aircraft operations. Under section 98 of the Act, the Governor-General has the authority to make regulations for air navigation safety, which are implemented by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998 further detail these regulations, including the issuance of airworthiness directives (ADs) under regulation 39.001. ADs are legislative instruments, as stated in the Legislative Instruments Act 2003, and are essential for maintaining the continuing airworthiness of aircraft as per Annex 8 to the Convention on International Civil Aviation. CASA, acting on behalf of Australia, issues ADs in response to directives from the aircraft's State of Design, ensuring compliance with international standards and obligations. This particular AD, issued by CASA in response to the European Aviation Safety Agency's directive for SAAB 340A and 340B aeroplanes, exemplifies the collaborative international effort required to maintain global aviation safety standards.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, aiming to ensure the safety of air navigation. Under this legislative framework, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001. These ADs are considered legislative instruments and can be subject to disallowance under the Acts Interpretation Act 1901. The issuance of ADs is also in compliance with international obligations, specifically under Annex 8 to the Convention on International Civil Aviation, where the State of Design bears responsibility for the continuing airworthiness of aircraft types. The State of Registry, in this case, CASA, must then ensure that these international directives are appropriately adopted and enforced within Australia to maintain airworthiness standards. Exemptions and thresholds for ADs are typically determined based on international standards and agreements, with no public consultation required as they respond to international obligations.
Key Provisions
The key provisions of the Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, pertain to the issuance of airworthiness directives (ADs). According to section 98 of the Act, the Governor-General has the authority to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Subregulation 39.001(5) stipulates that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, classifying them as legislative instruments. This legislative classification is further supported by section 6 of the Legislative Instruments Act 2003.
These regulations impose specific obligations on both the State of Design and the State of Registry. The State of Design, such as the European Aviation Safety Agency (EASA) for SAAB 340A and 340B aeroplanes, must provide necessary information to ensure the continuing airworthiness of an aircraft type. The State of Registry, which in Australia is CASA, must then assess this information and issue an equivalent AD if deemed necessary. The State of Registry is also responsible for ensuring the continuing airworthiness of individual aircraft registered within its jurisdiction. For example, in response to an AD issued by EASA, CASA must evaluate the directive and issue a corresponding Australian AD, such as AD/SF340/100 Amendment 1, which mandates the necessary requirements.
Failure to comply with the provisions outlined in these ADs can result in significant legal consequences. The Act does not explicitly outline specific offences or penalties for non-compliance with ADs, but non-compliance with civil aviation regulations generally can lead to enforcement actions by CASA, including fines, suspension or revocation of airworthiness certificates, and other regulatory penalties. The severity of the consequences typically depends on the nature and extent of the non-compliance, and CASA has the authority to take appropriate action to ensure compliance with safety regulations.