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 2007-0041 affecting Agusta A109 helicopters. The EASA is the State of Design for these helicopters. CASA has assessed this AD and has issued Australian AD/A109/56 which will become effective on 12 April 2007.
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 comprehensive legal framework for the regulation of civil aviation in Australia, focusing on ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations for the purposes of the Act, particularly concerning the safety of air navigation. The Act is underpinned by the overarching goal of protecting the public from the risks associated with civil aviation, while also facilitating the growth and development of the aviation industry in a safe and efficient manner. In line with international obligations, particularly those set out in the Convention on International Civil Aviation, the Act mandates the State of Registry to ensure the continuing airworthiness of aircraft registered within its jurisdiction. The Civil Aviation Safety Regulations 1998 further detail the processes and requirements for maintaining airworthiness, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA).
The Australian Government, through CASA, exercises its authority under the Civil Aviation Act 1988 to issue airworthiness directives in response to international directives and to ensure compliance with international standards. This legislative framework facilitates the seamless integration of international safety standards into Australian aviation practices, thereby enhancing the overall safety of air navigation. The policy objective is to maintain the highest possible standards of aviation safety in Australia, in alignment with international conventions and best practices. The issuing of airworthiness directives without public consultation reflects the urgency and global nature of aviation safety concerns, ensuring that Australian aviation remains in compliance with international obligations and standards.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the framework for issuing airworthiness directives (ADs) under regulation 39.001, with the purpose of ensuring the safety of air navigation. These ADs are legislative instruments under section 6 of the Legislative Instruments Act 2003, as they are disallowable instruments per section 46A of the Acts Interpretation Act 1901. The ADs are primarily issued by the Civil Aviation Safety Authority (CASA) in response to continuing airworthiness information required under Annex 8 of the Convention on International Civil Aviation. The State of Design, responsible for the overall continuing airworthiness of an aircraft type, issues these directives, and the State of Registry, which holds responsibility for the individual aircraft's continuing airworthiness, must then adopt the requirements set forth by these ADs. CASA, as Australia's national airworthiness authority, must assess and, if necessary, issue Australian ADs to enforce the requirements of the State of Design. This legislative process does not involve public consultation or require a Regulatory Impact Statement, as it is a direct response to international obligations and specific ADs issued by other states. The ADs are prepared by relevant CASA offices, specifically the Manager, New Technologies and Systems, within the Manufacturing, Certification and New Technologies Office, as per subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988 provides the foundation for aviation safety in Australia, with the Governor-General having the authority to make regulations under section 98 to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the power to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. These directives are formalised as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are recognised as legislative instruments according to section 6 of the Legislative Instruments Act 2003. This means ADs hold legal weight and are enforceable as part of the legislative framework governing aviation safety.
Under these regulations, ADs serve as a crucial tool for maintaining the continuing airworthiness of aircraft. The State of Design, which is responsible for the type of aircraft, has the obligation to provide necessary information to ensure that the aircraft can maintain its airworthiness standards. This is mandated under Annex 8 to the Convention on International Civil Aviation. The State of Registry, which is the country where the aircraft is registered, must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft. CASA, as the national airworthiness authority, is tasked with assessing information from the State of Design and, if necessary, issuing an Australian AD to enforce the requirements for aircraft registered in Australia.
Failure to comply with an airworthiness directive can have significant consequences. The legislation does not explicitly state the penalties for non-compliance, but it is implied that failure to adhere to ADs could result in severe safety risks and potential legal actions against the operators or owners of the affected aircraft. CASA has issued Australian AD/A109/56 in response to EASA’s AD 2007-0041 for Agusta A109 helicopters, which will become effective on 12 April 2007. As these directives are issued in accordance with international obligations and do not require public consultation or a Regulatory Impact Statement, they are implemented to ensure that Australian aviation standards align with international safety protocols.