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 Italian ENAC has issued AD 2007-179 affecting Agusta A109LUH model aircraft. Italy is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/A109/59, which will become effective on 30 August 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 Acting 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, enacted by the Commonwealth Parliament, serves to regulate civil aviation in Australia, ensuring safety and efficiency within the industry. One of its key provisions is the authority granted to the Governor-General to make regulations for the purposes of the Act, particularly in the interests of air navigation safety. Under this authority, the Civil Aviation Safety Regulations 1998 were established, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are critical for maintaining the continuing airworthiness of aircraft, aligning with international standards and obligations under the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, ensures that these directives are appropriately assessed and implemented, fulfilling the nation's commitments under international agreements and safeguarding the safety of air navigation.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This legislative provision applies to aircraft registered in Australia, ensuring that they meet specific safety standards in accordance with international obligations under the Convention on International Civil Aviation. The authority to issue these directives stems from the Civil Aviation Act 1988, where the Governor-General has the power to make regulations for the safety of air navigation. The ADs serve as legislative instruments under the Legislative Instruments Act 2003 and are considered disallowable instruments as per the Acts Interpretation Act 1901. These directives are essential for maintaining the continuing airworthiness of aircraft, with the State of Registry being responsible for implementing the requirements set out in the ADs. In the case of the Agusta A109LUH model aircraft, Italy, as the State of Design, issued AD 2007-179, which CASA assessed and subsequently issued as Australian AD/A109/59. This Australian AD will become effective on 30 August 2007. Given the international context and the regulatory nature of ADs, no public consultation was deemed necessary, and no Regulatory Impact Statement was required for this particular directive.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. This authority stems from section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the Act’s purposes, particularly in the interest of air navigation safety. An AD is defined in subregulation 39.001(5) as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and it is recognised as a legislative instrument pursuant to section 6 of the Legislative Instruments Act 2003. These directives serve as a critical mechanism for maintaining the continuing airworthiness of aircraft types, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the ADs are multifaceted. The State of Design, in this case, Italy for the Agusta A109LUH model aircraft, has the primary responsibility for ensuring the continuing airworthiness of the aircraft type and must provide necessary information to the States of Registry. In Australia, CASA, as the national airworthiness authority, is obligated to assess any AD issued by a State of Design and, if deemed necessary, issue an Australian AD to enforce the required measures. This ensures that all aircraft registered in Australia meet the airworthiness standards set by the international community.
Failure to comply with the ADs can result in significant legal consequences. Non-compliance with an AD can be considered an offence under the Civil Aviation Act 1988. The Act stipulates that an individual or corporation can be fined up to 500 penalty units, which equates to a substantial monetary penalty. Additionally, an officer of the corporation can be personally liable for fines up to 50 penalty units. These penalties underscore the importance of adhering to airworthiness directives to maintain safety standards in civil aviation.
Given the international obligations under the Convention on International Civil Aviation and the specific nature of ADs, no public consultation has been required for the issuance of the Australian AD/A109/59. The Office of Regulatory Review has also determined that such ADs do not necessitate a Regulatory Impact Statement, streamlining the process of issuing and enforcing these safety measures. The AD was issued by the Acting Manager, New Technologies and Systems, within CASA’s Manufacturing, Certification and New Technologies Office, in accordance with subsection 84A(2) of the Act, ensuring it is implemented with due authority and oversight.