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 2007-0295R1-E affecting Agusta A119 model helicopters. EASA acts on behalf of Italy, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/A119/11, Amendment 1, which will become effective on 07 December 2007. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation and ensure the safety of air navigation in Australia. This legislation empowers the Governor-General to create regulations for aviation safety, with the Civil Aviation Safety Regulations 1998 further delineating the powers of the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft or aeronautical products. This legal framework ensures that Australia's aviation safety standards align with international obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft. CASA, as Australia's national airworthiness authority, is tasked with assessing ADs issued by the States of Design and, where appropriate, issuing corresponding Australian ADs to enforce these safety standards. This legislative structure is designed to maintain high safety standards in line with international obligations, and to ensure the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) to ensure the safety of air navigation in Australia. These directives, which are legislative instruments under section 6 of the Legislative Instruments Act 2003, apply to all aircraft registered in Australia, regardless of whether they are designed or manufactured domestically or abroad. The Civil Aviation Safety Authority (CASA) is mandated to issue such directives when necessary to maintain the airworthiness of aircraft types registered in Australia. This responsibility is in line with Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8, which assigns the State of Design the overarching responsibility for the continuing airworthiness of aircraft types. In practice, CASA must assess any ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to enforce these requirements within Australia. The issuance of these directives does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations aimed at enhancing air navigation safety. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority 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 regarded as legislative instruments according to section 6 of the Legislative Instruments Act 2003. An example of such an AD is the Australian AD/A119/11, Amendment 1, issued by CASA on 7 December 2007, which pertains to Agusta A119 model helicopters.
The obligations imposed by these regulations require CASA, as the national airworthiness authority, to assess any airworthiness directives issued by the State of Design and, if necessary, issue corresponding Australian ADs to ensure compliance with international standards. Annex 8 of the Convention on International Civil Aviation mandates that the State of Design must provide necessary information to maintain the airworthiness of an aircraft type. The State of Registry, in this case CASA, must ensure the continuing airworthiness of aircraft by developing or adopting requisite requirements. This obligation extends to assessing and implementing international ADs when applicable, ensuring that all aircraft registered in Australia meet the required safety standards.
Failure to comply with the ADs can lead to serious consequences. The Civil Aviation Safety Regulations 1998, in conjunction with the Civil Aviation Act 1988, establish that non-compliance with an AD can result in civil or criminal penalties. The specific penalties are not detailed in the text provided but generally include fines and potential imprisonment, reflecting the severity of disregarding safety regulations in aviation. The seriousness of these penalties underscores the importance of adhering to ADs to maintain the safety and integrity of air navigation.