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 2006-0360-E affecting Agusta AB/AW 139 helicopters. EASA acts on behalf of Italy, the State of Design for this helicopter. CASA has assessed this AD and has issued Australian AD/AB139/5, which will become effective on 10 April 2008.
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, enacted to govern the regulation of civil aviation in Australia, includes provisions for ensuring the safety of air navigation. Under this Act, the Governor-General is empowered to make regulations, including those necessary for the issuance of airworthiness directives, which are critical for maintaining the safety standards of aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998 further detail the mechanisms through which airworthiness directives can be issued, establishing that these directives are legislative instruments that must be assessed and potentially mandated by the Civil Aviation Safety Authority (CASA) as Australia's national airworthiness authority. This legislative framework is designed to ensure compliance with international obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft types designed and registered in other countries. The Civil Aviation Safety Regulations 1998 mandate that CASA issue Australian airworthiness directives when necessary, thereby maintaining Australia's commitment to international safety standards while protecting the interests of the Australian public.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, establishes a framework for ensuring the safety of air navigation, with a particular focus on the continuing airworthiness of aircraft. The Act and its regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific kinds of aircraft or aeronautical products. These directives are legislative instruments that reflect Australia's obligations under international conventions, specifically Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design to provide continuing airworthiness information. CASA, as the national airworthiness authority, must assess and, if appropriate, issue Australian ADs to enforce these requirements. This process involves CASA evaluating ADs issued by the relevant State of Design, such as the European Aviation Safety Authority (EASA) for certain aircraft types, and subsequently issuing corresponding Australian ADs. Notably, because these directives are issued in response to international obligations and do not necessitate public consultation or a Regulatory Impact Statement, they are developed and implemented by CASA officials in accordance with the statutory provisions and regulatory frameworks outlined in the Act and its subordinate legislation.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, as referenced in this legislation, allow the Governor-General to create regulations for the safety of air navigation (section 98), and permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products (regulation 39.001). These ADs are considered legislative instruments as per the Legislative Instruments Act 2003 (section 6). In particular, regulation 39.001(5) of the Civil Aviation Safety Regulations 1998 clarifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901 (section 46A).
The Civil Aviation Safety Regulations 1998 impose specific obligations on CASA and the States of Design and Registry. The State of Design, in this case Italy for the Agusta AB/AW 139 helicopters, must ensure the continuing airworthiness of the aircraft type and provide necessary information to the States of Registry, including Australia. CASA, as Australia’s national airworthiness authority, must assess the ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures. This ensures that all aircraft on the Australian Register comply with the continuing airworthiness requirements.
Under the Civil Aviation Act 1988, failure to comply with an airworthiness directive can result in significant civil or criminal penalties. For instance, the Act provides for fines and imprisonment for breaches related to the operation of aircraft. The specific penalties are detailed in the Act but may include substantial fines for individuals and corporations, and imprisonment terms for serious violations. The severity of the penalties reflects the importance of adhering to airworthiness directives to ensure the safety of air navigation.
In the context of the AD issued for the Agusta AB/AW 139 helicopters, CASA has assessed the AD issued by the European Aviation Safety Authority (EASA) and issued Australian AD/AB139/5, effective from 10 April 2008. Given that this AD aligns with Australia's obligations under the Convention on International Civil Aviation and is a response to an AD from the relevant State of Design, no public consultation was required. Moreover, the Office of Best Practice Regulation has determined that such ADs do not necessitate a Regulatory Impact Statement. The AD was 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.