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 Italian ENAC has issued AD 2007-227 Revision 1 affecting Agusta AB139/AW139 model aircraft. Italy is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/AB139/2, which will become effective on 10 November 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 Acting Manager, Systems and New Technologies 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 in Australia, ensuring safety and efficiency in air navigation. One of the key aspects of this legislation is the authority it grants to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft. This enactment addresses the need for standardised safety regulations in response to international aviation standards and practices. CASA, as the national airworthiness authority, issues these directives to comply with Australia’s obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft types designed in other countries but registered in Australia. The ADs are issued to mandate specific safety requirements, ensuring that all aircraft meet necessary safety standards, thereby safeguarding public interest and enhancing overall aviation safety.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, ensuring adherence to safety standards for air navigation as mandated by the Civil Aviation Act 1988. These ADs serve as legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The application of these directives is aligned with international obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type. In the case of Australian-registered aircraft, CASA, acting as the national airworthiness authority, assesses the information provided by the State of Design and, if necessary, issues corresponding Australian ADs. For instance, following an AD issued by Italy's ENAC for Agusta AB139/AW139 model aircraft, CASA issued Australian AD/AB139/2, which became effective on 10 November 2007. The issuance of such ADs is a direct response to international obligations and the issuing of ADs by the relevant State of Design, thus exempting them from public consultation and the requirement for a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 lay out the framework for the issue of airworthiness directives (ADs) which are critical for ensuring the safety of aircraft in Australian airspace. Section 98 of the Act allows the Governor-General to make regulations, and regulation 39.001 specifies that the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products. This means CASA has the authority to mandate safety measures that must be adhered to for certain aircraft models registered in Australia (section 39.001(5)). These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, making them enforceable.
The obligations under this Act and the Regulations for entities such as CASA and the State of Registry are significant. The State of Design, in this case, Italy, has the primary responsibility for ensuring the continuing airworthiness of the aircraft type, and must provide any necessary information to support this (Annex 8 to the Convention on International Civil Aviation). CASA, as Australia’s national airworthiness authority, is tasked with assessing this information and issuing corresponding ADs for aircraft registered in Australia. This ensures that all aircraft operating in Australian airspace meet the required safety standards set by the relevant State of Design.
Failure to comply with the ADs issued by CASA can result in severe consequences. Section 84A(2) of the Civil Aviation Act 1988 empowers CASA to take action against non-compliance, which could include fines, imprisonment, or other penalties as specified in the relevant legislation. The specific penalties for non-compliance with ADs are not detailed in the provided text, but they would typically be severe, given the critical nature of aircraft safety regulations. The legislative framework is designed to ensure that all stakeholders adhere to the highest safety standards to protect the public and maintain the integrity of the aviation system.