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 has issued AD 2009-0022-E affecting Augusta S.p.A AB 206 series helicopters. Italy is the State of Design for these helicopters. CASA has assessed this AD and has issued Australian AD/BELL 206/175, which will become effective on
20 February 2009.
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, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework ensuring the safety, efficiency and orderly development of civil aviation in Australia. This Act allows the Governor-General to make regulations in the interest of the safety of air navigation, as seen in the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Regulations 1998 enable the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products, with these directives being considered legislative instruments under the Legislative Instruments Act 2003. The objective of these regulations is to ensure compliance with international standards set by the International Civil Aviation Organization (ICAO) and to maintain the continuing airworthiness of aircraft registered in Australia. In accordance with the Convention on International Civil Aviation, Australia, through CASA, assesses and implements ADs issued by the State of Design to ensure the safety and airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These directives, which are legislative instruments, apply to specific types of aircraft and aeronautical products and are integral to maintaining the continuing airworthiness of aircraft registered in Australia. The State of Registry, in this case CASA, is responsible for ensuring the ongoing compliance of these aircraft with safety standards. This regulatory framework is aligned with international obligations under the Convention on International Civil Aviation, particularly with Annex 8, which designates the State of Design with the primary responsibility for the continuing airworthiness of aircraft types. In instances where the State of Design issues an AD, CASA is mandated to evaluate and, if necessary, issue a corresponding Australian AD. The issuance of such directives does not require public consultation or a Regulatory Impact Statement, as they are made in response to international safety standards and obligations.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments, as stated under section 6 of the Legislative Instruments Act 2003, and are governed by the Acts Interpretation Act 1901, with subregulation 39.001(5) specifying their disallowable nature. In line with Annex 8 to the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to States of Registry. The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft and must develop or adopt requirements to ensure this.
Under the Civil Aviation Act 1988, CASA, as Australia's national airworthiness authority, must assess any AD issued by a State of Design that affects aircraft registered in Australia. If deemed appropriate, CASA is required to issue an Australian AD to mandate the requirements of the State of Design. For instance, following the issuance of AD 2009-0022-E by the European Aviation Safety Agency (EASA) concerning Augusta S.p.A AB 206 series helicopters, CASA issued Australian AD/BELL 206/175. This AD is set to become effective on 20 February 2009. Given that the AD is issued in response to an AD by the relevant State of Design and due to Australia’s obligations under the Convention on International Civil Aviation, no consultation of the Australian public was undertaken. The Office of Regulatory Review has also determined that such ADs do not require a Regulatory Impact Statement.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on parties governed by the Act include the requirement for CASA to rigorously assess ADs issued by States of Design and to issue corresponding Australian ADs if necessary. This ensures that Australian aircraft meet international standards for continuing airworthiness. CASA must ensure that the requirements of any issued AD are communicated effectively to the relevant parties, including aircraft operators, maintenance personnel, and other stakeholders. Additionally, operators of affected aircraft must comply with the ADs, which may include specific maintenance actions, operational restrictions, or other measures necessary to ensure the airworthiness of the aircraft.
Breaching the requirements set out in an AD can result in severe consequences. Under section 84A(2) of the Civil Aviation Act 1988, CASA has the authority to take enforcement actions against non-compliance. Civil penalties may include fines of up to $126,000 for individuals and $630,000 for corporations. In more serious cases, criminal penalties may apply, leading to imprisonment for up to two years for individuals and higher fines for corporations. Additionally, CASA may impose operational restrictions or revoke the airworthiness certificate of the aircraft, effectively grounding it until compliance is achieved. These stringent measures underscore the importance of adhering to ADs to maintain the highest standards of aviation safety.