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 2007-0170 affecting Saab SF340A and 340B model aircraft. The EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/SF340/103, 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 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 provide a comprehensive legislative framework for the regulation of civil aviation in Australia. The Act was introduced to address the need for a unified and effective system to ensure the safety and efficiency of air navigation within Australia's jurisdiction. The enacting body is the Australian Parliament, and the policy objective is to maintain and enhance the safety and efficiency of civil aviation. Under this Act, the Civil Aviation Safety Regulations 1998 were also established to provide further detail and operational guidelines. One significant provision of the Civil Aviation Act is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which are legislative instruments used to mandate compliance with airworthiness standards for aircraft and aeronautical products. These ADs are often issued in response to international obligations and requirements, such as those outlined in Annex 8 to the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes the framework within which airworthiness directives (ADs) are issued and enforced in Australia. The Act applies to entities involved in civil aviation, including aircraft operators, manufacturers, and regulatory bodies like the Civil Aviation Safety Authority (CASA). These ADs are critical for ensuring the continuing airworthiness of aircraft and aeronautical products. The regulations empower CASA to issue ADs for specific types of aircraft or aeronautical products, with these directives being considered legislative instruments under the Legislative Instruments Act 2003. The geographic reach of these regulations is national, with CASA's role extending to the assessment and implementation of ADs issued by foreign authorities, such as the European Aviation Safety Agency (EASA), in line with Australia's international obligations under the Convention on International Civil Aviation. The ADs are typically issued in response to safety concerns identified by the State of Design and do not require public consultation or a Regulatory Impact Statement, as they are integral to international safety standards.
Key Provisions
The main operative sections of this piece of legislation focus on the issuance of airworthiness directives (ADs) under section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. According to these provisions, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments, as outlined in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, and are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901. The ADs serve to maintain the continuing airworthiness of aircraft types and are issued in accordance with Annex 8 of the Convention on International Civil Aviation, which stipulates the responsibilities of the State of Design and the State of Registry regarding airworthiness.
The Civil Aviation Safety Regulations 1998 impose several obligations on the parties involved. Firstly, the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry to ensure compliance with safety standards. This includes issuing ADs to address any identified safety issues. The State of Registry, in this case CASA as Australia’s national airworthiness authority, is required to assess information from the State of Design and, if appropriate, issue an Australian AD to enforce the requirements set forth by the State of Design. This ensures that all aircraft registered in Australia meet the necessary safety standards.
Non-compliance with the ADs issued under this legislation can result in serious consequences. Under section 84A(2) of the Civil Aviation Act 1988, any person who contravenes an AD may face legal repercussions. The penalties for such breaches can be significant, including fines and imprisonment, depending on the severity of the violation and the specific provisions of the AD. These penalties are intended to enforce adherence to safety regulations and ensure the highest standards of airworthiness are maintained. CASA, as the enforcing authority, has the power to take action against any individual or entity that fails to comply with the ADs, thereby upholding the safety and integrity of Australia’s civil aviation system.