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 2008-0146 affecting Saab AB SF340A and 340B aircraft. Sweden is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/SF340/108, which will become effective on 25 September 2008.
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, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, provides the legislative framework for regulating civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act allows the Governor-General to make regulations, including issuing airworthiness directives (ADs) for aircraft and aeronautical products under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. In accordance with international obligations under Annex 8 to the Convention on International Civil Aviation, the State of Design holds responsibility for the continuing airworthiness of an aircraft type, while the State of Registry ensures the airworthiness of individual aircraft. The Civil Aviation Safety Authority (CASA) acts as Australia’s national airworthiness authority, tasked with assessing foreign ADs and issuing Australian ADs as necessary to comply with international standards. This particular legislation responds to AD 2008-0146 issued by the European Aviation Safety Agency for Saab AB SF340A and 340B aircraft, leading to the issuance of Australian AD/SF340/108 by CASA, effective from 25 September 2008.
Scope and Application
The Civil Aviation Safety Regulations 1998, which fall under the Civil Aviation Act 1988, authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments and are integral to ensuring the continuing airworthiness of aircraft as mandated by international conventions, specifically Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for the airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the continuing airworthiness of individual aircraft. In Australia, CASA, as the national airworthiness authority, assesses foreign ADs and issues corresponding Australian ADs as necessary. For example, following the European Aviation Safety Agency's issuance of AD 2008-0146 for Saab AB SF340A and 340B aircraft, CASA issued Australian AD/SF340/108, which became effective on 25 September 2008. Given that these ADs arise from international obligations and are responses to actions by the State of Design, no public consultation or regulatory impact statement is required under Australian law.
Key Provisions
The Civil Aviation Act 1988 provides the legislative framework for the regulation of civil aviation in Australia, with section 98 specifically empowering the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 gives the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. The ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are essential for ensuring the ongoing safety and airworthiness of aircraft. They are mandated by Annex 8 to the Convention on International Civil Aviation, which places the responsibility for the continuing airworthiness of an aircraft type on the State of Design. This state must provide necessary information to the States of Registry to maintain airworthiness. The State of Registry, in this case CASA, must then assess the ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required measures. For instance, the European Aviation Safety Agency (EASA) issued AD 2008-0146 for Saab AB SF340A and 340B aircraft, and following its assessment, CASA issued Australian AD/SF340/108.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 place significant responsibilities on CASA and other regulatory bodies. CASA must rigorously evaluate the ADs issued by the State of Design and determine if they need to be implemented in Australia. When an AD is issued in response to international obligations and based on assessments by the State of Design, there is no requirement for public consultation, as determined by the Office of Regulatory Review. Consequently, ADs do not necessitate a Regulatory Impact Statement. The AD/SF340/108 was issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Group at CASA, as stipulated in subsection 84A(2) of the Act.
For breaches of airworthiness directives, the Civil Aviation Act 1988 and associated regulations outline various penalties and consequences. Violations of ADs can lead to significant civil and criminal penalties. Civil penalties may include substantial fines, with the exact amount determined based on the severity and nature of the breach. In more severe cases, criminal charges may be brought against individuals or corporations responsible for non-compliance, potentially resulting in imprisonment. The precise penalties are specified in the relevant sections of the Act and Regulations, reflecting the critical importance of adhering to airworthiness directives to maintain the highest safety standards in aviation.