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 2007-0231 affecting Agusta A119 series helicopters. EASA acts on behalf of Italy, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/A119/10 which will become effective on 25 October 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems in the Airworthiness Engineering Branch, 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 as the foundational legislation governing civil aviation in Australia. This Act was introduced to address the need for a comprehensive legal framework that ensures the safety, efficiency, and orderly development of civil aviation in Australia. One of its key provisions allows the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation, as seen in the Civil Aviation Safety Regulations 1998. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, ensuring that aircraft maintain their airworthiness. The process of issuing ADs is aligned with international obligations under the Convention on International Civil Aviation, particularly Annex 8, which places responsibility on the State of Design for the continuing airworthiness of an aircraft type. Consequently, when a State of Design issues an AD, CASA must assess the information and, if necessary, issue an Australian AD to enforce the requirements. This legislative and regulatory structure ensures that Australia meets its international obligations while maintaining high standards of aviation safety domestically.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft and aeronautical products. These directives apply to aircraft registered in Australia and are issued to ensure the continuing airworthiness of these aircraft, as mandated by the State of Design and the State of Registry. The ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. While the ADs are issued in response to international obligations under the Convention on International Civil Aviation, they are tailored to Australian requirements and do not necessitate public consultation or a Regulatory Impact Statement. CASA, as Australia's national airworthiness authority, assesses and issues these directives to enforce airworthiness standards, ensuring compliance with international safety protocols.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the legal framework for the issuance of airworthiness directives (ADs). Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs, as specified in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments under section 6 of the Legislative Instruments Act 2003. The ADs are a critical tool for maintaining the continuing airworthiness of aircraft, ensuring they meet international safety standards.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on the State of Design and the State of Registry are central to the governance of airworthiness directives. The State of Design, which in this case is Italy for the Agusta A119 series helicopters, has the responsibility to provide necessary information to ensure the continuing airworthiness of the aircraft type. The State of Registry, in this instance represented by CASA, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. CASA’s role is to assess the ADs issued by the State of Design and, when necessary, issue corresponding Australian ADs to enforce the required safety measures.
Failure to comply with the airworthiness directives can result in significant legal consequences. The Civil Aviation Act 1988 and associated regulations may impose both civil and criminal penalties for non-compliance. While the specific penalties are not detailed in the provided text, they generally include fines and potential imprisonment for serious breaches that result in endangering the safety of air navigation. The authority to issue ADs and enforce compliance is essential for maintaining high safety standards and ensuring the reliability of aircraft within Australia.
It is noteworthy that the issuance of an airworthiness directive, such as AD/A119/10, is mandated by international obligations under the Convention on International Civil Aviation and does not require public consultation. The Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. This streamlined process ensures timely and effective responses to safety concerns while adhering to international standards. The Manager, Systems in the Airworthiness Engineering Branch, acting on behalf of CASA, has issued the AD in accordance with subsection 84A(2) of the Act, highlighting the authority and responsibility vested in CASA to enforce airworthiness directives.