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 2007-0295-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, which will become effective on 04 December 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, 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 establish a framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. Under section 98, the Governor-General is empowered to create regulations that serve the interests of aviation safety. The Civil Aviation Safety Regulations 1998, made pursuant to the Act, permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, as they fall under the purview of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The issuance of ADs is critical for maintaining the continuing airworthiness of aircraft, in line with international standards set by the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, is responsible for ensuring that Australian aircraft meet these international safety standards, often by issuing local ADs in response to directives from the relevant State of Design.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, as amended, apply to all aircraft registered in Australia and to the Australian Civil Aviation Authority (CASA), which is the national airworthiness authority responsible for ensuring the safety of air navigation. Under regulation 39.001, CASA has the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, with these directives being considered legislative instruments under the Legislative Instruments Act 2003. The issuance of ADs is in response to the continuing airworthiness obligations of the State of Design and the State of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. Consequently, when a State of Design issues an AD for a type of aircraft registered in Australia, CASA must review the information and, if necessary, issue an Australian AD to enforce the State of Design's requirements. This process is exemplified by CASA's issuance of AD/A119/11 in response to EASA's AD 2007-0295-E for Agusta A119 model helicopters. Notably, such ADs are issued pursuant to international obligations and specific design state directives, thus exempting them from public consultation and regulatory impact assessments.
Key Provisions
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, allows the Governor-General to create regulations that ensure the safety of air navigation (section 98). Under regulation 39.001, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and therefore fall under the category of legislative instruments as defined in the Legislative Instruments Act 2003. The ADs serve as a mechanism to ensure the continuing airworthiness of aircraft as required by Annex 8 of the Convention on International Civil Aviation, which designates the State of Design with the overarching responsibility for an aircraft type’s airworthiness and mandates the provision of necessary information to the States of Registry.
The obligations under the Civil Aviation Safety Regulations 1998 require the State of Registry to establish or adopt measures to maintain an aircraft's continuing airworthiness. When the State of Design issues an AD, such as the one from the European Aviation Safety Authority (EASA) affecting Agusta A119 model helicopters, CASA must evaluate the information and, if necessary, issue a corresponding Australian AD. This process was followed for AD 2007-0295-E, which CASA has translated into Australian AD/A119/11, effective from 04 December 2007. Given that this directive is issued due to Australia’s commitments under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, there was no requirement for public consultation on this AD. Additionally, the Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement.
In terms of penalties and consequences for non-compliance, the Civil Aviation Act 1988 and associated regulations impose strict requirements on the parties involved. Non-compliance with an airworthiness directive can lead to serious safety risks and may result in civil or criminal penalties. Under section 98 of the Civil Aviation Act 1988, CASA has the authority to enforce compliance and can take action against any person or entity that fails to adhere to the mandated airworthiness requirements. The potential penalties for non-compliance can be substantial, and in severe cases, may include fines and imprisonment as stipulated by the relevant aviation safety regulations and the general criminal law provisions. The specifics of these penalties are detailed in the Civil Aviation Regulations and may vary depending on the nature and severity of the non-compliance.