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 2009-0137 affecting Agusta A109E model aircraft. The EASA acts on behalf of Italy, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/A109/63, which will become effective on 7 July 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies 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 by the Parliament of Australia, provides the legal framework for ensuring the safety and efficiency of civil aviation within the country. One of its primary purposes is to facilitate the regulation of air navigation safety through the issuance of various directives and regulations, including airworthiness directives (ADs). The Act empowers the Governor-General to make regulations that are essential for the safety of air navigation. Complementing this, the Civil Aviation Safety Regulations 1998 grant the Civil Aviation Safety Authority (CASA) the authority to issue ADs for certain types of aircraft or aeronautical products. This regulatory mechanism is integral to maintaining the continuing airworthiness of aircraft, a responsibility that is shared between the State of Design and the State of Registry under international conventions, such as Annex 8 to the Convention on International Civil Aviation. The policy objective is to align Australian aviation safety standards with international best practices and to ensure compliance with international obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Governor-General to establish regulations aimed at enhancing the safety of air navigation. Specifically, regulation 39.001 permits the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are classified as disallowable instruments under the Acts Interpretation Act 1901 and are thus legislative instruments. The application of these directives is integral to ensuring the continuing airworthiness of aircraft, as per Annex 8 of the Convention on International Civil Aviation, which assigns responsibility to the State of Design for the ongoing airworthiness of an aircraft type and mandates the provision of necessary information to the States of Registry. CASA, as Australia’s national airworthiness authority, must review and, if necessary, issue Australian ADs to enforce the requirements of the State of Design. This regulatory framework ensures compliance with international standards and facilitates the effective management of airworthiness directives in the Australian context.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Section 39.001(5) further clarifies that an AD is a disallowable instrument, meaning it can be disallowed by Parliament, and it is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are essential tools for ensuring the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to the States of Registry, which are responsible for individual aircraft. When a State of Design issues an AD, such as the one issued by the European Aviation Safety Authority (EASA) for the Agusta A109E model aircraft, CASA must evaluate this information and, if deemed appropriate, issue a corresponding Australian AD. In this case, CASA has issued Australian AD/A109/63, which will take effect on 7 July 2009.
The obligations imposed by these regulations require CASA to diligently assess any ADs issued by States of Design and to issue corresponding Australian ADs when necessary. CASA's role as Australia's national airworthiness authority means it must ensure that all aircraft within its jurisdiction meet the safety standards outlined in these directives. This process is conducted in accordance with the legislative framework provided by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, ensuring compliance with international standards set by the Convention on International Civil Aviation.
Any failure to comply with an airworthiness directive could result in serious safety implications, potentially leading to civil or criminal consequences. Although specific penalties for non-compliance are not detailed in the provided text, it is understood that breaches of these safety regulations could lead to significant penalties under the Civil Aviation Act 1988. The seriousness of these consequences underscores the importance of adhering to the airworthiness directives issued by CASA.