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 2007-0192-E affecting Agusta A109 model helicopters. EASA acts on behalf of Italy, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/A109/58, which will become effective on 18 July 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, 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, enacted by the Australian Parliament, establishes the framework for ensuring the safety of air navigation within Australia. This Act empowers the Governor-General to create regulations that support the Act's objectives, particularly focusing on the safety of air navigation. One of the key regulatory instruments under this Act is the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft and aeronautical products. These directives are instrumental in maintaining the continuing airworthiness of aircraft as mandated by international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which assigns responsibility for an aircraft's airworthiness to its State of Design and State of Registry. In response to an airworthiness directive issued by the European Aviation Safety Authority for Agusta A109 model helicopters, CASA has issued its own Australian AD/A109/58, set to become effective on 18 July 2007. This action is taken in accordance with Australia's international obligations and is issued without public consultation as it pertains to continuing airworthiness information.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, applies to the issuance of airworthiness directives, which are regulatory instruments aimed at ensuring the continuing airworthiness of aircraft and aeronautical products. The Act and Regulations apply to all aircraft registered in Australia and the entities responsible for their maintenance, including aircraft operators and manufacturers. Under regulation 39.001, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives for specified kinds of aircraft or aeronautical products, and these directives become legislative instruments under the Legislative Instruments Act 2003. The application of these directives is grounded in international obligations under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design and the State of Registry have responsibilities for the continuing airworthiness of aircraft. The application of the ADs extends nationally, as CASA, acting on behalf of the Commonwealth, must ensure compliance with both domestic and international standards. While the issuance of these directives is driven by international obligations and the need for uniformity in air safety standards, they are not subject to public consultation or a Regulatory Impact Statement as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are considered legislative instruments, as stipulated in subregulation 39.001(5) and under the Acts Interpretation Act 1901, and they are subject to disallowance under section 46A of that Act. Additionally, under section 6 of the Legislative Instruments Act 2003, ADs are treated as legislative instruments.
The obligations imposed by these regulations primarily rest with CASA, which is tasked with ensuring the continuing airworthiness of aircraft registered in Australia. This involves the assessment of ADs issued by the State of Design—in this case, Italy via the European Aviation Safety Authority (EASA)—and the subsequent issuance of Australian ADs when necessary. The State of Design, according to Annex 8 to the Convention on International Civil Aviation, is responsible for the ongoing airworthiness of an aircraft type, while the State of Registry, in this instance, Australia, must ensure the individual aircraft’s continuing airworthiness by adopting or developing requisite requirements. CASA’s role includes evaluating ADs from EASA and implementing Australian ADs to align with international safety standards.
Failure to comply with ADs can lead to severe consequences. Under the Civil Aviation Act 1988, non-compliance with airworthiness directives may result in both civil and criminal penalties. Civil penalties can include fines, while criminal penalties may involve imprisonment. The exact penalties depend on the specific breach and the severity of the non-compliance. It is imperative for aircraft operators and other relevant parties to adhere strictly to the directives issued by CASA to avoid these repercussions. The legislative framework ensures that any breaches are met with appropriate enforcement actions to uphold the highest standards of aviation safety.