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 1-113R1 affecting SAAB model 340B aircraft. Sweden is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/SF340/110, 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 Australian Parliament, serves to regulate civil aviation within Australia, with a primary focus on ensuring the safety of air navigation. This Act empowers the Governor-General to make regulations that uphold the safety standards of air navigation, as highlighted in section 98. Complementing this Act, the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are regarded as legislative instruments under section 6 of the Legislative Instruments Act 2003. The objective of these regulations is to ensure compliance with international standards set forth by the International Civil Aviation Organization (ICAO) and to maintain the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the regulation of airworthiness in Australia, including the issuance of airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs, which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. These directives serve to maintain the continuing airworthiness of aircraft, a responsibility that falls on the State of Registry, while the State of Design has the overarching responsibility for the airworthiness of an aircraft type. In the context of Australia's international obligations under Annex 8 to the Convention on International Civil Aviation, CASA is required to assess and, if necessary, issue Australian ADs in response to those issued by the relevant State of Design. This ensures that Australian registered aircraft comply with international standards for airworthiness. The process for issuing such ADs does not require public consultation or a Regulatory Impact Statement, reflecting their technical nature and the international framework within which they operate.
Key Provisions
The Civil Aviation Act 1988 provides the framework for ensuring the safety of air navigation, with the Governor-General having the authority to make regulations under section 98. One such regulation, 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. An AD is a legislative instrument and is disallowable under section 46A of the Acts Interpretation Act 1901. In line with Annex 8 to the Convention on International Civil Aviation, the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to States of Registry, such as Australia, to ensure the aircraft's ongoing airworthiness. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
CASA has issued Australian AD/SF340/110 in response to Swedish LFV's AD 1-113R1 affecting SAAB model 340B aircraft, with Sweden being the State of Design. This AD will become effective on 11 January 2010. Given that this AD is issued due to Australia's obligations under the Convention on International Civil Aviation and is in response to an AD raised by the relevant State of Design, no consultation of the Australian public has taken place, and 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.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to assess any airworthiness directives issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs. This ensures the continuing airworthiness of aircraft registered in Australia. The State of Design, in this case Sweden, is responsible for providing necessary information to States of Registry to ensure the ongoing airworthiness of aircraft. CASA, as Australia's national airworthiness authority, must ensure that Australian aircraft comply with the ADs issued by the State of Design. These obligations are critical in maintaining the safety and airworthiness of aircraft operating within Australia and ensuring compliance with international aviation standards.
Failure to comply with an airworthiness directive or a corresponding Australian AD can result in significant legal and safety consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, potentially leading to civil or criminal penalties. The maximum penalties for breaches of the Act can include substantial fines and, in serious cases, imprisonment. The specific penalties depend on the nature and severity of the breach, with the courts having the discretion to impose appropriate sanctions. Additionally, non-compliance with ADs can result in the grounding of aircraft, which can have severe implications for both the operators and passengers, further underscoring the importance of adherence to airworthiness directives and regulations.