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 Emergency AD 2009-0037-E affecting Agusta S.p.A A109 series helicopters. EASA acts for Italy, the State of Design for these helicopters. CASA has assessed this AD and has issued Australian AD/A109/62 which will become effective on 23 February 2009.
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 and Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to ensure the safety of air navigation and the continuing airworthiness of aircraft registered in Australia, grants the Governor-General the authority to create regulations, including the issuance of airworthiness directives, as stipulated in section 98. This Act is complemented by the Civil Aviation Safety Regulations 1998, particularly regulation 39.001, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft and aeronautical products. Such directives are considered legislative instruments under the Legislative Instruments Act 2003 and are subject to disallowance as per the Acts Interpretation Act 1901. The overarching policy objective of these legislative measures is to maintain the highest standards of aviation safety in alignment with international obligations under the Convention on International Civil Aviation. CASA, acting on behalf of Australia, is tasked with assessing and, when necessary, issuing Australian airworthiness directives in response to directives from the State of Design, ensuring compliance with international safety standards and protocols.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) in Australia. These ADs are regulatory instruments made by the Civil Aviation Safety Authority (CASA) under regulation 39.001, serving as legislative instruments in accordance with the Legislative Instruments Act 2003. They apply to all aircraft registered in Australia and are mandated by the State of Registry's responsibility for the continuing airworthiness of those aircraft, as stipulated under Annex 8 to the Convention on International Civil Aviation. When a State of Design issues an AD, CASA must assess the information and, if appropriate, issue a corresponding Australian AD to ensure compliance with international standards and the safety of air navigation. This process involves CASA issuing Australian AD/A109/62 in response to an Emergency AD 2009-0037-E issued by the European Aviation Safety Agency (EASA) for Agusta S.p.A A109 series helicopters. The AD, which becomes effective on 23 February 2009, is made by the Manager, Airframes and Structures in the Airworthiness Engineering Group on behalf of CASA, in accordance with subsection 84A(2) of the Act. Given the international obligations under the Convention on International Civil Aviation and the nature of the AD as a response to an international directive, no public consultation or Regulatory Impact Statement is required for its issuance.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to make regulations necessary for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments under the Legislative Instruments Act 2003, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901. Annex 8 to the Convention on International Civil Aviation stipulates that the State of Design holds overall responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to the States of Registry to ensure this airworthiness. CASA, as Australia’s national airworthiness authority, must assess this information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
The obligations imposed by the ADs on the parties governed by the Act include the responsibility of the State of Registry to develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. This means that when an AD is issued by the State of Design, the State of Registry, in this case CASA, must assess the information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. This process ensures that Australian aircraft remain compliant with international standards of airworthiness. For example, the European Aviation Safety Agency (EASA) has issued Emergency AD 2009-0037-E affecting Agusta S.p.A A109 series helicopters, and CASA has issued Australian AD/A109/62 in response to this.
There are specific consequences for breaches of the ADs. Under the Civil Aviation Act 1988, any person who contravenes an AD commits an offence and is liable for penalties. The maximum penalties for breaches can vary, but they are determined by the severity of the offence and the potential impact on safety. It is important to note that the issuing of these ADs, particularly in response to international obligations under the Convention on International Civil Aviation, does not require public consultation as determined by the Office of Regulatory Review, and ADs do not require a Regulatory Impact Statement. The ADs are issued by authorised personnel within CASA, such as the Manager, Airframes and Structures in the Airworthiness Engineering Group, in accordance with section 84A(2) of the Act.