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 Swedish LFV has issued AD 1-103R1 affecting SAAB model 340B aircraft. Sweden is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/SF340/109, which will become effective on 11 January 2010.
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, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, establishes the legal framework for the regulation of civil aviation within the country, with a strong emphasis on ensuring the safety of air navigation. This Act empowers the Governor-General to create regulations aimed at enhancing aviation safety, including the issuance of airworthiness directives, as outlined in the Civil Aviation Safety Regulations 1998. These directives, which are legislative instruments, serve as crucial tools for maintaining the continuing airworthiness of aircraft and aeronautical products. Under the auspices of international obligations, notably Annex 8 of the Convention on International Civil Aviation, the State of Design assumes the responsibility for the ongoing 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 and issuing airworthiness directives in response to those issued by the State of Design, thereby fulfilling Australia's international commitments.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, applies to the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Under this legislative framework, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations. These directives are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are designed to comply with Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of aircraft types and requires States of Registry to implement necessary measures to maintain airworthiness. In the case of Sweden, the State of Design for the SAAB model 340B aircraft, CASA, as Australia's national airworthiness authority, assessed the issued AD and subsequently mandated the requirements through an Australian AD, which took effect on 11 January 2010. The process of issuing these directives does not necessitate public consultation or a Regulatory Impact Statement, given their alignment with international obligations and the specific nature of the directives.
Key Provisions
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs). Under section 98 of the Act, the Governor-General has the authority to make regulations necessary for the safety of air navigation. Regulation 39.001 specifically empowers CASA to issue ADs for certain types of aircraft or aeronautical products. These ADs are considered disallowable instruments, meaning they can be annulled by Parliament, and they are classified as legislative instruments under the Legislative Instruments Act 2003.
The obligations imposed by this legislation on CASA and other entities are significant. CASA, as the national airworthiness authority, must review and assess any ADs issued by the State of Design of an aircraft type. If an AD from a foreign State of Design is deemed necessary, CASA must then issue a corresponding Australian AD to ensure compliance with international safety standards. This process is critical to maintaining the continuing airworthiness of aircraft registered in Australia, aligning with Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design and the State of Registry work collaboratively to ensure airworthiness.
The implications of non-compliance with these ADs are substantial. Although no public consultation is required for issuing these ADs due to Australia's international obligations, failure to adhere to an AD can lead to severe consequences. CASA may take enforcement actions against aircraft operators who do not comply with mandated ADs. The severity of the breach will determine the response, which could include administrative penalties, fines, or in extreme cases, the grounding of the aircraft until compliance is achieved. The maximum penalties for such breaches are not explicitly stated in the regulations, but they can be significant and are intended to enforce the safety standards set forth by the legislation.