CIVIL AVIATION ACT 1988
CIVIL AVIATION 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. An AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901.
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 1-197 affecting Saab SF340A and 340B aircraft. Sweden is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/SF340/97, which will become effective on 17 February 2005.
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 Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation in Australia, aiming to ensure the safety of air navigation and the continuing airworthiness of aircraft. The Act empowers the Governor-General to make regulations in the interests of safety, with the Civil Aviation Safety Regulations 1998 providing a framework for these regulations, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). This legislative structure enables CASA to mandate specific safety measures for aircraft types registered in Australia, ensuring compliance with international standards set by the Convention on International Civil Aviation, particularly through Annex 8 which outlines the responsibilities of the State of Design and the State of Registry. The introduction of ADs, such as the Australian AD/SF340/97 for Saab SF340A and 340B aircraft, underscores the commitment to international safety standards and the need for timely, effective regulatory action without the requirement for public consultation due to the nature of these obligations.
Scope and Application
The Civil Aviation Act 1988, and the subsequent Civil Aviation Safety Regulations 1998, provide a framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation in Australia. Under this legislation, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products to address safety concerns identified by the State of Design or other ICAO Contracting States. The issuance of ADs is a critical mechanism for maintaining the continuing airworthiness of aircraft registered in Australia, aligning with the obligations under Annex 8 of the Convention on International Civil Aviation. These directives are issued to mandate compliance with safety requirements deemed necessary by the State of Design, ensuring that aircraft maintain their airworthiness standards as determined by the international aviation community. The ADs are issued without the need for public consultation due to their international obligations and their direct response to foreign ADs, and they do not require a Regulatory Impact Statement as determined by the Office of Regulatory Review. The application of these directives is overseen by CASA, which acts as Australia’s national airworthiness authority, ensuring that the safety and airworthiness of aircraft registered in Australia are consistently upheld in accordance with international standards.
Key Provisions
The Civil Aviation Act 1988 (section 98) provides the Governor-General with the authority to enact regulations that serve the purposes of the Act, particularly focusing on the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, which means they can be disallowed by either House of the Parliament. The issuing of ADs is a critical tool for maintaining the continuing airworthiness of aircraft, ensuring they meet safety standards as stipulated under Annex 8 to the Convention on International Civil Aviation.
Under these regulations, the State of Design, which is responsible for the design of a specific type of aircraft, has the obligation to provide all necessary information to ensure the continuing airworthiness of that type. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure that each individual aircraft remains airworthy. In the event that a State of Design issues an AD for a type of aircraft registered in Australia, CASA, as the national airworthiness authority, is required to assess this information and, if appropriate, issue a corresponding Australian AD. This ensures that the requirements of the State of Design are enforced within Australia.
Failure to comply with an AD can lead to significant legal consequences. If a person fails to comply with an AD, they may be liable for a civil penalty under section 23 of the Civil Aviation Act 1988. The maximum penalty for such an offence can be up to 2,000 penalty units for an individual, and up to 10,000 penalty units for a body corporate. Additionally, under section 17 of the Civil Aviation Act 1988, CASA can take enforcement action, which may include grounding the aircraft until compliance is achieved. This stringent enforcement underscores the importance of adhering to ADs to maintain safety standards in aviation.