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 2006-0357 affecting Agusta AB 139 and AW 139 model helicopters. EASA acts on behalf of Italy, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/AB139/4, which will become effective on 20 December 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 Manager, Airframes 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 provide a comprehensive legislative framework for civil aviation in Australia, addressing various aspects of air safety, including the issuance of airworthiness directives (ADs) to ensure the ongoing safety of aircraft and aeronautical products. Under the authority conferred by section 98 of the Act, the Governor-General can enact regulations necessary for the safety of air navigation. The Civil Aviation Safety Regulations 1998 further elaborate on this by empowering the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products, ensuring compliance with international standards as set out in the Convention on International Civil Aviation. This legislative framework is designed to uphold Australia's obligations under international aviation agreements while ensuring the safety of air navigation within its jurisdiction. The ADs are considered legislative instruments and are issued without public consultation as they are responses to international directives aimed at maintaining the continuing airworthiness of aircraft.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide a framework for the regulation of civil aviation safety in Australia. Under these legislative instruments, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure compliance with safety standards. These ADs serve as enforceable mandates for maintaining the airworthiness of aircraft and are considered legislative instruments, subject to disallowance procedures. The authority to issue ADs is grounded in Australia’s obligations under the Convention on International Civil Aviation, specifically Annex 8, which designates the State of Design as responsible for the continuing airworthiness of aircraft types, while the State of Registry enforces these requirements within its jurisdiction. This AD pertains to Agusta AB 139 and AW 139 model helicopters, issued by CASA in response to an airworthiness directive by the European Aviation Safety Agency (EASA) on behalf of Italy, the State of Design for these models. The issuance of such ADs does not necessitate public consultation or a Regulatory Impact Statement, reflecting their technical nature and alignment with international standards.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This authority is exercised in the interest of ensuring the safety of air navigation, as mandated by section 98 of the Civil Aviation Act 1988. These directives serve as crucial mechanisms for maintaining the continuing airworthiness of aircraft. Furthermore, under subregulation 39.001(5), these directives are classified as disallowable instruments, as outlined in section 46A of the Acts Interpretation Act 1901, and consequently are recognised as legislative instruments under section 6 of the Legislative Instruments Act 2003.
Compliance with these airworthiness directives imposes specific obligations on the parties governed by the Act. The State of Design, which is Italy in this context, holds the primary responsibility for the continuing airworthiness of the Agusta AB 139 and AW 139 model helicopters. This responsibility includes providing necessary information to ensure the safe operation of these aircraft types. CASA, acting as Australia's national airworthiness authority, is required to assess the information provided by the State of Design and, if deemed necessary, issue corresponding Australian ADs to enforce the required safety measures. The State of Registry, in this case Australia, must also develop or adopt the requisite measures to ensure the continuing airworthiness of the aircraft registered within its jurisdiction.
Failure to comply with the requirements set forth in an airworthiness directive may result in significant legal consequences. While the Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences or penalties for non-compliance, breaches of the Act or regulations could potentially lead to enforcement actions by CASA. Such actions might include the issuance of compliance orders, fines, or other regulatory sanctions. The severity of these consequences would depend on the nature and extent of the non-compliance, as well as any resultant safety risks. It is important for all stakeholders, including aircraft operators and maintenance providers, to adhere strictly to the directives to ensure the highest standards of aviation safety are maintained.
In summary, the issuance of ADs by CASA under the Civil Aviation Safety Regulations 1998 is a critical component in the ongoing effort to ensure the safety of air navigation. These directives are grounded in international obligations and the responsibilities of both the State of Design and the State of Registry. Compliance with these directives is mandatory and failure to adhere to them may result in significant legal repercussions, underscoring the importance of strict adherence to these regulatory requirements.