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 2009-0198-E affecting Agusta AB139 and AW139 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/AB139/7 Amendment 1, which will become effective on
9 September 2009. 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 Best Practice Regulation 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 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, addressing the need for safety and efficiency in the aviation industry. The Act empowers the Governor-General to create regulations that promote the safety of air navigation, which includes the issuance of airworthiness directives. The Civil Aviation Safety Regulations 1998 further elaborate on these provisions, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. The issuance of these directives is a legislative instrument subject to disallowance under the Acts Interpretation Act 1901 and oversight under the Legislative Instruments Act 2003. The policy objective of these regulations is to ensure the continuing airworthiness of aircraft in alignment with international standards set by the Convention on International Civil Aviation, specifically through the cooperation between States of Design and States of Registry.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, establishes the framework within which airworthiness directives (ADs) are issued to ensure the safety of air navigation. Under section 98 of the Act, the Governor-General has the authority to make regulations in the interests of air navigation safety, and regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and oversight by the Legislative Instruments Act 2003. The ADs are issued in accordance with Annex 8 of the Convention on International Civil Aviation, reflecting the international obligations of Australia as a signatory. When a State of Design, such as Italy for Agusta AB139 and AW139 model helicopters, issues an AD, CASA must assess and, if necessary, issue an Australian AD to enforce the required safety measures. This process ensures the continuing airworthiness of aircraft registered in Australia, aligning with the responsibilities outlined in Annex 8. The issuance of such ADs, being a response to international obligations and designed to uphold safety standards, does not necessitate public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, allows the Governor-General to make regulations that ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs are legislative instruments, as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. An AD is a directive issued to ensure the continuing airworthiness of aircraft and aeronautical products, which are essential for maintaining safety standards in aviation.
The obligations imposed by this Act on the parties or entities it governs primarily focus on ensuring the safety and airworthiness of aircraft. The State of Design, which is the country where the aircraft is designed, has the responsibility under Annex 8 to the Convention on International Civil Aviation to ensure the continuing airworthiness of the aircraft type and provide necessary information to the States of Registry. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft registered within its jurisdiction. CASA, as Australia’s national airworthiness authority, must assess the ADs issued by the State of Design and, if appropriate, issue Australian ADs to mandate the necessary requirements.
There are no specific offences, penalties, or civil/criminal consequences outlined in the provided text for breach of ADs, but generally, non-compliance with ADs can lead to serious consequences. Failure to comply with an AD can result in the grounding of an aircraft, which can be a significant operational and financial burden for operators. Additionally, there could be enforcement actions by CASA, including fines or other penalties under the Civil Aviation Act 1988 or other relevant legislation. In severe cases, non-compliance with ADs can lead to criminal charges if it is determined that the non-compliance contributed to an aviation accident or incident.