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 2007-0160-E affecting Agusta Model A119 helicopters. EASA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/A119/9, which will become effective on 14 June 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 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, enacted by the Commonwealth Parliament, establishes the legal framework for the regulation of civil aviation in Australia. It is designed to ensure the safety and efficiency of air navigation and operations within Australia's jurisdiction. One significant aspect of the Act is its delegation of authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments used to mandate safety measures and ensure the continuing airworthiness of aircraft registered in Australia, reflecting Australia's commitment to international civil aviation standards as outlined in Annex 8 to the Convention on International Civil Aviation. In the case of the European Aviation Safety Agency (EASA) issuing AD 2007-0160-E for Agusta Model A119 helicopters, CASA assessed the directive and issued its own corresponding AD, AD/A119/9, effective from 14 June 2007. Given the international nature of these directives and their alignment with international obligations, no public consultation was deemed necessary, and a Regulatory Impact Statement was not required.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) in Australia. The Act applies to the issuance of ADs to ensure the safety of air navigation, and these directives are issued under the authority of the Civil Aviation Safety Regulations 1998. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. This regulatory approach ensures that all entities involved in the operation and maintenance of aircraft, including aircraft manufacturers, operators, and maintenance providers, are subject to the requirements set forth in these ADs. Geographically, the application of these regulations extends to all aircraft registered in Australia, aligning with Australia’s obligations under the Convention on International Civil Aviation, particularly Annex 8, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type. In instances where a State of Design, such as the European Aviation Safety Agency (EASA), issues an AD, CASA is mandated to assess this information and, if necessary, issue a corresponding Australian AD. These directives are legislative instruments that must be assessed under the Legislative Instruments Act 2003, and they do not require a Regulatory Impact Statement. The ADs are issued by CASA on behalf of the Commonwealth and are effective as specified in the directive, ensuring compliance with international standards and obligations.
Key Provisions
The Civil Aviation Act 1988, through 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. Section 98 of the Act allows the Governor-General to make such regulations, ensuring the safety of air navigation. An AD is a legislative instrument, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and must comply with the Legislative Instruments Act 2003. This regulatory framework is aligned with Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness of an aircraft type on the State of Design, who must provide necessary information to the States of Registry.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose significant responsibilities on CASA as the national airworthiness authority. When a State of Design issues an AD, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This process ensures that the continuing airworthiness of aircraft registered in Australia is maintained in accordance with international standards. The State of Registry is also obligated to develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction, in line with Annex 8 of the Convention on International Civil Aviation.
Breaching the requirements set out in an AD can have serious consequences. Failure to comply with an AD may result in the aircraft being deemed unairworthy, leading to enforcement actions against the operator. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide for penalties, including fines and imprisonment, for non-compliance with ADs. The specific penalties are determined by the courts, but they can be significant, reflecting the importance of adhering to airworthiness directives for public safety.
The legislative process for issuing an AD under the Civil Aviation Act 1988 involves the Manager, Airframes, in the Manufacturing, Certification and New Technologies Office at CASA, who acts on behalf of CASA. This process is mandated by subsection 84A(2) of the Act and ensures that ADs are issued in a manner that upholds international obligations and maintains the safety of air navigation. Given that ADs are issued in response to international obligations and directives from the State of Design, they do not require consultation with the Australian public, nor do they necessitate a Regulatory Impact Statement, as determined by the Office of Regulatory Review.