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 issued 2006-0358, affecting Agusta AB139 series helicopters. EASA is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to correct the EASA AD number referenced in AD/AB139/3. The amended AD, AD/AB139/3 Amendment 1, will become effective on 17 February 2011. This AD cancels and replaces the previous issue.
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, Initial Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, addressing various issues related to safety, efficiency, and the orderly development of air navigation facilities and services. This Act empowers the Governor-General to create regulations in the interests of air navigation safety, with the Civil Aviation Safety Regulations 1998 playing a critical role in specifying these regulations. One such regulation, 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, which are instrumental in maintaining the continuing airworthiness of aircraft. The policy objective of these regulations is to ensure that all aircraft operating in Australian airspace meet the highest safety standards, aligning with Australia’s international obligations under the Convention on International Civil Aviation. The legislative process for ADs, as outlined in the Legislative Instruments Act 2003, ensures that they are subject to appropriate scrutiny and review, thereby reinforcing the commitment to aviation safety.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments under section 6 of the Legislative Instruments Act 2003 and are essential for ensuring the continuing airworthiness of aircraft registered in Australia. The ADs are issued in response to international standards set by the Convention on International Civil Aviation and must be adhered to by the State of Registry, in this case, CASA. For example, when the European Aviation Safety Agency (EASA) issues an AD for the Agusta AB139 series helicopters, CASA must assess and, if necessary, issue an equivalent Australian AD. This ensures compliance with international obligations and maintains safety standards. The ADs do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review, due to their technical nature and alignment with international regulations. The issuance of ADs is a critical aspect of maintaining the safety and airworthiness of aircraft within Australia.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations to ensure air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, and they are intended to maintain the continuing airworthiness of aircraft as stipulated by Annex 8 to the Convention on International Civil Aviation.
The obligations under these regulations primarily rest on CASA, which must assess the airworthiness information provided by the State of Design and issue corresponding ADs for aircraft registered in Australia. This ensures that Australian operators comply with the necessary safety standards for their aircraft. The State of Design, such as the European Aviation Safety Agency (EASA) for the Agusta AB139 series helicopters, holds the responsibility for providing information on the continuing airworthiness of the aircraft type. Consequently, CASA must issue an Australian AD that mandates the requirements of the State of Design to ensure that Australian aircraft meet international safety standards.
Failure to comply with an AD can result in serious consequences. Under section 94 of the Civil Aviation Act 1988, CASA can enforce compliance through various measures, including grounding the affected aircraft until the required actions are taken. The penalties for non-compliance can be severe, both civil and criminal, depending on the circumstances. For instance, operating an aircraft that does not meet the airworthiness standards can lead to fines and imprisonment, reflecting the critical importance of adhering to ADs to ensure public safety.
The recent amendment to AD/AB139/3, correcting the EASA AD number, is an example of how CASA ensures the continuing airworthiness of Australian-registered aircraft. This amendment, effective from 17 February 2011, replaces the previous AD, highlighting the continuous effort required to maintain compliance with international safety standards. Importantly, as these ADs are issued in response to international obligations and are considered legislative instruments, no public consultation or Regulatory Impact Statement was deemed necessary. The AD was issued by the Manager, Initial Airworthiness, in the Airworthiness and Engineering Branch of CASA, as per subsection 94(1) of the Act.