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 2009-0067-E affecting Agusta AB206A and AB206B 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/BELL 206/177, which will become effective on 25 March 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting Group General Manager of the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves to regulate civil aviation within Australia with a primary focus on ensuring the safety of air navigation. This Act grants the Governor-General the authority to create regulations that uphold these safety standards. Complementing the Act are the Civil Aviation Safety Regulations 1998, which include provisions such as the ability of the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft or aeronautical products. These ADs are legislative instruments and are essential for maintaining the continuing airworthiness of aircraft types, aligning with international obligations under the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, has the responsibility to assess international ADs issued by the State of Design and, when necessary, issue corresponding Australian ADs to ensure compliance and safety within the Australian aviation sector.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, aiming to maintain the safety of air navigation in accordance with the Civil Aviation Act 1988. These ADs are legislative instruments and serve as critical mechanisms for ensuring the continuing airworthiness of aircraft as mandated by the Convention on International Civil Aviation and its Annex 8. This process involves CASA evaluating and potentially adopting ADs issued by the aircraft's State of Design, such as the European Union Aviation Safety Agency (EASA) for certain helicopter models, and then issuing corresponding ADs for the Australian Register. The ADs do not undergo public consultation as they are driven by international obligations and are directly in response to directives from the respective States of Design. This regulatory approach ensures that Australian-registered aircraft meet international safety standards and obligations, with CASA acting as the national airworthiness authority to implement these requirements effectively.
Key Provisions
The Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, which includes the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments, as stated in section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The ADs are a means to ensure the continuing airworthiness of aircraft, a responsibility primarily held by the State of Design, but also by the State of Registry as per Annex 8 of the Convention on International Civil Aviation.
The obligations imposed by this Act and the Regulations require the State of Design to provide information necessary to ensure the airworthiness of aircraft types, while the State of Registry must develop or adopt requirements to maintain the airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, must assess the information provided by the State of Design and, if necessary, issue an Australian AD. For example, the European Aviation Safety Agency (EASA) issued AD 2009-0067-E for Agusta AB206A and AB206B model helicopters, and CASA responded by issuing Australian AD/BELL 206/177, which will become effective on 25 March 2009.
There are no public consultations required for the issuance of these ADs, as they are issued due to Australia’s obligations under the Convention on International Civil Aviation and in response to ADs from the relevant State of Design. Furthermore, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. This AD was made by the Acting Group General Manager of the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Breaches of the requirements set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to a range of civil and criminal consequences. While the specific penalties are not detailed in the provided text, such breaches can result in substantial fines, imprisonment, or both, depending on the severity and nature of the violation. These consequences underscore the importance of compliance with the ADs and the overall regulatory framework designed to ensure the safety of air navigation.