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 2007-0142 affecting Agusta S.p.A AB139 and AW139 model aircraft. EASA acts on behalf of Italy, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/AB139/1, which will become effective on 31 July 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 Acting Manager, Systems and New Technologies 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 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, ensuring the safety, efficiency, and orderly development of the aviation industry. One of the key mechanisms established by the Act is the ability for the Governor-General to create regulations under section 98, which includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments to maintain and ensure the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). This legislative framework addresses the need for a cohesive approach to managing airworthiness across different states and aircraft types, ensuring compliance with both national and international safety standards. The ADs are issued without public consultation due to their alignment with international obligations and are managed by CASA under its mandate to uphold aviation safety in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, aimed at ensuring the safety of air navigation. These ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901. The application of these directives is aligned with Australia’s commitments under the Convention on International Civil Aviation, particularly Annex 8, which delineates the responsibilities of the State of Design and the State of Registry in maintaining the continuing airworthiness of aircraft. The ADs are typically issued in response to directives from the State of Design, with CASA assessing and, if necessary, issuing Australian-specific directives to mandate the requirements for aircraft registered in Australia. This process ensures compliance with international standards and obligations, while CASA, as Australia’s national airworthiness authority, retains the responsibility for the continuing airworthiness of aircraft registered in Australia.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, 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 as defined by section 46A of the Acts Interpretation Act 1901 and are subject to disallowance. A key example of such an AD is AD/AB139/1, issued in response to AD 2007-0142 by the European Aviation Safety Authority (EASA) for Agusta S.p.A AB139 and AW139 model aircraft. This directive reflects Australia's commitment under the Convention on International Civil Aviation and ensures alignment with international standards for airworthiness.
The obligations imposed by these regulations require CASA to rigorously assess any ADs issued by States of Design and to issue corresponding Australian ADs where necessary. This ensures that all aircraft registered in Australia comply with international airworthiness standards. Under Annex 8 of the Convention, the State of Design, in this case, Italy, holds the primary responsibility for the continuing airworthiness of the aircraft type. Meanwhile, the State of Registry, here represented by CASA, must adopt or develop requirements to maintain the airworthiness of the aircraft within its jurisdiction. This dual responsibility ensures a cohesive and globally consistent approach to air safety.
Failure to comply with an AD can result in severe consequences. Under the Civil Aviation Act 1988, an aircraft cannot be used if it does not meet the requirements specified in an AD. Non-compliance can lead to enforcement actions by CASA, which may include fines, penalties, or even grounding of the aircraft. The specific penalties for non-compliance are not detailed in the provided text, but they are generally intended to ensure stringent adherence to safety standards. CASA's authority to enforce these directives is crucial in maintaining high safety standards across the aviation industry in Australia.