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 EASA has issued AD 2006-0228-E affecting Agusta A119 series helicopters. The EASA is the State of Design for these helicopters. CASA has assessed this AD and has issued Australian AD/A119/8, which will become effective on 7 August 2006.
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, New Technologies and Systems, 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, enacted by the Parliament of Australia, establishes the legislative framework for civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations, including the Civil Aviation Safety Regulations 1998, which provide the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These ADs, which are legislative instruments, are essential for maintaining the continuing airworthiness of aircraft as mandated by international conventions, such as Annex 8 to the Convention on International Civil Aviation. The policy objective of these regulations is to ensure that Australia meets its international obligations and maintains high safety standards in civil aviation. This particular AD, issued in response to an equivalent directive from the European Aviation Safety Agency concerning Agusta A119 series helicopters, reflects Australia’s commitment to global aviation safety standards and ensures alignment with international regulatory practices.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives are legislative instruments that serve to maintain the safety standards of air navigation. The issuance of such directives is mandated by the need to comply with international obligations under the Convention on International Civil Aviation, particularly those concerning the continuing airworthiness of aircraft types. The State of Registry, in this case CASA, has the responsibility to ensure the continuing airworthiness of aircraft registered in Australia, including implementing necessary measures when an AD is issued by the State of Design. In response to AD 2006-0228-E issued by the European Aviation Safety Agency (EASA) for Agusta A119 series helicopters, CASA has issued Australian AD/A119/8, which will be effective from 7 August 2006. This directive is a direct consequence of international aviation safety protocols and does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, under section 98, allows the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) specifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and thus is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003. These directives are essential for maintaining the continuing airworthiness of aircraft, a responsibility that lies with the State of Design under Annex 8 to the Convention on International Civil Aviation. This means that the country where the aircraft was designed holds the primary responsibility for ensuring its ongoing airworthiness and must share necessary information with States of Registry, where individual aircraft are registered.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on the State of Registry include developing or adopting requirements to ensure the continuing airworthiness of aircraft within their jurisdiction. This is in line with Annex 8 of the Convention on International Civil Aviation. When a State of Design, such as the European Union Aviation Safety Agency (EASA), issues an AD for a type of aircraft registered in Australia, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements specified by the State of Design. This ensures that Australian-registered aircraft meet international safety standards.
Failure to comply with the ADs can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in substantial fines. Specifically, section 97 imposes civil penalties, which can include fines of up to $100,000 for individuals and $500,000 for corporations, depending on the severity and frequency of the breach. Additionally, section 97A of the Act allows CASA to issue infringement notices for less serious breaches, with penalties set at up to $5,000 for individuals and $25,000 for corporations. These provisions are critical in maintaining high safety standards in the aviation industry.