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 European Aviation Safety Authority (EASA) has issued AD 2006-0263 affecting SAAB 340 model aircraft. EASA acts on behalf of Sweden, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/SF340/99, which will become effective on 26 October 2006.
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, Airframes 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 establish a comprehensive regulatory framework for civil aviation in Australia, addressing the need for safety, efficiency, and coordination in the aviation sector. One of its key provisions allows the Governor-General to make regulations under section 98, ensuring that safety of air navigation is prioritised. The Civil Aviation Safety Regulations 1998 further operationalise these provisions by enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as per regulation 39.001. These ADs, which are legislative instruments under section 46A of the Acts Interpretation Act 1901, are designed to maintain the continuing airworthiness of aircraft, in line with international standards set by the International Civil Aviation Organization (ICAO). The policy objective underpinning these regulations is to ensure that Australian civil aviation adheres to internationally recognised safety standards while also fulfilling Australia’s obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products, applying to entities within Australia's jurisdiction. These ADs are integral to ensuring the continuing airworthiness of aircraft, with CASA acting on behalf of the State of Registry in line with international obligations under the Convention on International Civil Aviation. This legislation extends to mandating compliance with ADs issued by other States of Design, such as the European Aviation Safety Authority (EASA) in the case of the SAAB 340 model aircraft, which CASA has adapted into Australian AD/SF340/99. The application of these directives is necessitated by Australia's commitment to international safety standards and does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The ADs are legislative instruments under the Legislative Instruments Act 2003, and their issuance is a critical component of maintaining safety standards in the civil aviation sector within Australia.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 allow the Governor-General to make regulations for the safety of air navigation (section 98) and for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft or aeronautical products (regulation 39.001). An AD is a legislative instrument and is subject to disallowance under section 46A of the Acts Interpretation Act 1901 (subregulation 39.001(5)). Under 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 (Annex 8). The State of Registry is then responsible for ensuring the continuing airworthiness of individual aircraft, and must develop or adopt requirements to this effect (Annex 8). When a State of Design issues an AD for an aircraft type on the Australian Register, CASA must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The Civil Aviation Safety Regulations 1998 impose several obligations on the parties involved. The State of Design is responsible for issuing ADs for aircraft types it designs and must provide necessary information to States of Registry to ensure continuing airworthiness (Annex 8). The State of Registry, in this case CASA, must assess the AD issued by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements for the aircraft on the Australian Register (Annex 8). CASA must also ensure that ADs are issued in accordance with the provisions of the Act and Regulations and that they are made by authorised personnel, such as the Manager, Airframes in the Manufacturing, Certification and New Technologies Office (subsection 84A(2)).
Failure to comply with the requirements of an AD may result in civil or criminal consequences. Civil penalties may include fines, while criminal penalties may include imprisonment, depending on the severity of the breach and the specific provisions of the Civil Aviation Act 1988. The maximum penalties for offences under the Act may vary, but may include fines of up to $126,000 for individuals and $630,000 for bodies corporate, as well as imprisonment for up to five years (section 48). CASA may also take enforcement action against aircraft operators who fail to comply with ADs, which may include grounding of the aircraft until the required actions are taken.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide for the issuance of ADs by CASA to ensure the continuing airworthiness of aircraft on the Australian Register. The State of Design is responsible for issuing ADs for aircraft types it designs, while the State of Registry is responsible for ensuring the continuing airworthiness of individual aircraft. CASA must assess and, if appropriate, issue Australian ADs to mandate the requirements of the State of Design. Failure to comply with the requirements of an AD may result in civil or criminal penalties, including fines and imprisonment.