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 2006-0228-E affecting Agusta A109 series helicopters. The EASA is the State of Design for these helicopters. CASA has assessed this AD and has issued Australian AD/A109/54, which will become effective on 7 August 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, New Technologies and Systems, 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 provide a legal framework for the regulation of civil aviation within Australia, aiming to ensure the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations, including those related to airworthiness directives, for the safety of air navigation. One such regulation is found in the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for certain kinds of aircraft or aeronautical products. These directives, as specified in subregulation 39.001(5), are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. The issuing of these directives is in line with international obligations under Annex 8 to the Convention on International Civil Aviation, which assigns responsibility for continuing airworthiness to the State of Design and requires States of Registry to ensure compliance with such directives. The Civil Aviation Safety Regulations 1998 mandate that CASA, as Australia's national airworthiness authority, must assess and, if necessary, issue Australian airworthiness directives in response to directives issued by States of Design. This process ensures that Australian-registered aircraft meet international safety standards.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of aircraft within Australia. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to mandate ADs for certain types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, respectively. The ADs are a response to Australia’s obligations under the Convention on International Civil Aviation, with the State of Registry having the ultimate responsibility for the continuing airworthiness of aircraft. For example, in response to an airworthiness directive issued by the European Aviation Safety Agency concerning Agusta A109 series helicopters, CASA has issued its own AD to mandate equivalent requirements within Australia. This process does not require public consultation or a Regulatory Impact Statement, as it aligns with international standards and obligations.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for air safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifies that the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and they fall within the definition of a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations require the State of Design to provide necessary information to ensure the continuing airworthiness of aircraft types, as outlined in Annex 8 of the Convention on International Civil Aviation. The State of Registry, in this case CASA acting on behalf of Australia, is mandated to assess the information provided by the State of Design and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures compliance with international standards and maintains the safety of aircraft registered in Australia.
In the context of the AD 2006-0228-E issued by the European Union Aviation Safety Agency (EASA) for Agusta A109 series helicopters, CASA has assessed the directive and issued Australian AD/A109/54. This directive will become effective on 7 August 2006. Given that the issuance of this AD aligns with Australia’s commitments under the Convention on International Civil Aviation and responds to an AD from the relevant State of Design, no public consultation has been required. Additionally, the Office of Regulatory Review has determined that such ADs do not necessitate a Regulatory Impact Statement. The Manager, New Technologies and Systems, within CASA’s Manufacturing, Certification and New Technologies Office, issued the directive in accordance with subsection 84A(2) of the Act.
For breaches of the ADs issued under these regulations, penalties may apply. While the specific penalties are not detailed in the provided text, it is common for non-compliance with ADs to result in severe civil or criminal consequences, including fines, suspension or revocation of airworthiness certificates, and potential imprisonment. The exact penalties can vary based on the severity of the breach and are typically outlined in the relevant sections of the Civil Aviation Act 1988 and associated regulations.