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 issued AD 2006-001, affecting Agusta A109 helicopters. Italy is the State of Design for this type. CASA has amended the equivalent Australian AD to reflect the new requirements of the State of Design AD. The amended Australian AD, AD/A109/8 Amendment 2, will become effective on 8 June 2006. This AD cancels and replaces the previous issue.
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 was enacted to provide a comprehensive legal framework for civil aviation in Australia, ensuring the safety, efficiency, and orderly development of civil aviation within the country. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation, as demonstrated by the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that are essential for maintaining the continuing airworthiness of aircraft, in line with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) issues ADs to mandate specific requirements, often in response to directives issued by the State of Design of an aircraft type. In the case of the Agusta A109 helicopters, CASA has amended the Australian AD to reflect the new requirements set by the Italian ENAC, the State of Design for this aircraft type. This regulatory action underscores the importance of international cooperation in ensuring aviation safety and the efficient management of airworthiness directives within Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation in accordance with the Civil Aviation Act 1988. This regulation extends to all aircraft registered within Australia, thereby impacting both the State of Registry and the State of Design for any given aircraft type. The issuance of an AD by CASA is mandatory when the State of Design issues a corresponding AD for a type of aircraft registered in Australia. This requirement is part of Australia's adherence to international standards set forth in Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design to provide necessary information for ensuring the continuing airworthiness of an aircraft type. Consequently, the AD issued by CASA, such as AD/A109/8 Amendment 2 for Agusta A109 helicopters, is effective upon its publication and replaces any previous directives. Importantly, due to the international nature of these directives and their basis in fulfilling international obligations, no public consultation is required, and the Office of Regulatory Review has determined that these directives do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to enact regulations to ensure the safety of air navigation. In accordance with this provision, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments in line with section 6 of the Legislative Instruments Act 2003. Under Annex 8 of the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, which necessitates the provision of essential information to the appropriate States of Registry to maintain the aircraft's airworthiness. ADs serve as the primary means of disseminating this continuing airworthiness information and are issued by most ICAO Contracting States.
The State of Registry, responsible for the continuing airworthiness of individual aircraft, must establish or adopt requisite measures to ensure the ongoing airworthiness of aircraft, as stipulated in Annex 8. Consequently, when the State of Design, in this case, Italy for the Agusta A109 helicopters, issues an AD affecting a type of aircraft registered in Australia, CASA, as the national airworthiness authority, must evaluate this information and, if deemed appropriate, issue an Australian AD to enforce the requirements set by the State of Design. In this instance, CASA has already amended the equivalent Australian AD to align with the new requirements of the Italian State of Design AD. The amended Australian AD, AD/A109/8 Amendment 2, will take effect on 8 June 2006 and will supersede the previous issue.
As this AD is issued in response to Australia's obligations under the Convention on International Civil Aviation and to comply with the AD raised by the relevant State of Design, no public consultation has been conducted regarding this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The AD has been issued by the Manager, Airframes, in the Manufacturing, Certification and New Technologies Office on behalf of CASA, in compliance with subsection 84A(2) of the Act. The AD is thus a legislative instrument that ensures the safety and continuing airworthiness of aircraft in accordance with international standards.
The issuance of ADs imposes specific obligations and requirements on the parties and entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The State of Design must provide necessary information to ensure the continuing airworthiness of an aircraft type to the appropriate States of Registry, while the State of Registry must develop or adopt requirements to ensure the ongoing airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, must evaluate the information provided by the State of Design and issue an Australian AD if appropriate. Furthermore, the entities responsible for the maintenance and operation of affected aircraft must comply with the requirements set forth in the ADs. Failure to adhere to these ADs may result in various consequences, including civil and criminal penalties.
Failure to comply with the requirements set forth in ADs may result in civil and criminal consequences, as well as other penalties. Under the Civil Aviation Act 1988, non-compliance with an AD may be considered an offence, leading to fines or imprisonment. The maximum penalty for a corporation found guilty of contravening an AD is $1,650,000, as per section 11 of the Act. Additionally, individuals found guilty of such an offence may face a maximum penalty of $330,000 and/or imprisonment for up to five years, as stated in section 12 of the Act. It is essential for all parties and entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 to adhere to the ADs to ensure the safety and continuing airworthiness of aircraft in accordance with international standards.