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 2007-0168 affecting SAAB 340 model aircraft. EASA acts on behalf of Sweden, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/SF340/101, which will become effective on 30 August 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, 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 Australian Parliament, provides the legal framework for the regulation of civil aviation in Australia. The Act was introduced to address the need for a comprehensive and enforceable set of laws governing the safety, efficiency, and orderly development of civil aviation within Australia. Under section 98, the Governor-General is empowered to make regulations necessary for the purposes of the Act and in the interests of the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under this authority, include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft types. These ADs, which are legislative instruments, are issued to mandate safety requirements as determined by the relevant State of Design and adopted by CASA. The policy objective of these regulations is to maintain and enhance the safety standards of civil aviation in Australia, aligning with international obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988 and its associated Civil Aviation Safety Regulations 1998 establish a framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation in Australia. Pursuant to section 98 of the Act, the Governor-General has the authority to make regulations that contribute to the safety of air navigation, with regulation 39.001 specifically empowering the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003 and must align with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft registered within its territory. In the case of Australian-registered aircraft, CASA, as the national airworthiness authority, must assess and, if necessary, issue ADs in response to those issued by the State of Design, thereby ensuring compliance with international obligations and maintaining safety standards.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 establish the framework for issuing airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations necessary for the safety of air navigation. Regulation 39.001 of the 1998 Regulations specifically permits the Civil Aviation Safety Authority (CASA) to issue ADs for certain types 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 thus they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by the Act and Regulations are primarily concerned with ensuring the continuing airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for the ongoing airworthiness of a particular aircraft type and must provide necessary information to States of Registry. In turn, the State of Registry must develop or adopt requirements to ensure the airworthiness of individual aircraft registered within its jurisdiction. When a State of Design, such as EASA on behalf of Sweden, issues an AD for an aircraft type registered in Australia, CASA must assess the information and, if appropriate, issue an Australian AD to enforce the State of Design’s requirements. This process ensures that Australian registered aircraft comply with international safety standards.
Failure to comply with ADs can result in significant legal consequences. Civil Aviation Regulations 1998 include provisions for offences and penalties related to non-compliance with ADs. These can range from administrative fines to more severe penalties, depending on the nature and severity of the non-compliance. The exact penalties are not specified in the provided text, but generally, serious breaches can lead to substantial fines and potential criminal charges under Australian law. CASA has the authority to enforce these regulations, which may include taking action against operators or manufacturers who fail to adhere to the mandated safety requirements.
The text also clarifies that because ADs are issued in response to international obligations and the requirements of the State of Design, there is no requirement for public consultation. Additionally, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. This streamlines the process of issuing ADs in response to international safety directives, ensuring that Australian aviation safety standards remain consistent with global practices. The AD in question, AD/SF340/101, was 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.