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.
Transport Canada has issued AD CF-2009-34 affecting Bell Helicopter Textron Canada 206 series helicopters. Canada is the State of Design for these helicopters. CASA has assessed this AD and has issued Australian AD/BELL 206/179, which will become effective on 22 October 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, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, is designed to ensure the safety of air navigation and includes provisions for the regulation of civil aviation activities. One of its key mechanisms is the issuance of airworthiness directives (ADs), which are intended to maintain the airworthiness of aircraft. These directives are mandated by regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. The Civil Aviation Act 1988 empowers the Governor-General to create such regulations to safeguard air navigation. The ADs serve as legislative instruments, disallowable under the Acts Interpretation Act 1901, and their creation aligns with Australia's obligations under the Convention on International Civil Aviation. The policy objective is to ensure the continuing airworthiness of aircraft in line with international standards and to protect public safety in the aviation sector.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, governs the safety aspects of air navigation in Australia and provides the framework for the issuance of airworthiness directives (ADs). Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products to ensure the safety of air navigation. These ADs, as legislative instruments, are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The scope of these ADs is determined by the obligations under Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the continuing airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, assesses ADs issued by the State of Design and, where appropriate, issues corresponding Australian ADs. This process ensures that Australian-registered aircraft comply with international standards and safety requirements.
Key Provisions
The Civil Aviation Act 1988 provides the legislative framework for the regulation of civil aviation in Australia. Specifically, section 98 empowers the Governor-General to make regulations for the purposes of the Act, particularly for 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 specific kinds of aircraft or aeronautical products. These ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, and they serve as crucial tools for maintaining the airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation.
Under these regulations, the State of Design, which is responsible for the initial airworthiness of an aircraft type, must provide necessary information to ensure the continuing airworthiness of the aircraft. The State of Registry, in this case CASA as Australia’s national airworthiness authority, is then required to assess this information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This ensures that Australian aircraft meet international safety standards. For instance, in the case of Transport Canada issuing AD CF-2009-34 affecting Bell Helicopter Textron Canada 206 series helicopters, CASA issued Australian AD/BELL 206/179, which will become effective on 22 October 2009.
The obligations imposed on CASA under these provisions include the assessment and potential issuance of Australian ADs in response to ADs issued by the State of Design. This involves evaluating the safety concerns identified by the State of Design and determining whether those concerns apply to aircraft registered in Australia. CASA must also ensure that the ADs issued are consistent with the requirements of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Additionally, CASA must communicate these ADs to the relevant stakeholders, including aircraft operators and maintenance providers, to ensure compliance with the mandated safety requirements.
Failure to comply with an airworthiness directive can lead to serious consequences. Under section 10 of the Civil Aviation Act 1988, any person who contravenes a requirement of an AD may be subject to civil penalties, including fines of up to $16,500 for individuals and $82,500 for corporations, as stipulated in the Civil Aviation Amendment (Enforcement) Regulations 2006. Furthermore, non-compliance can also result in criminal penalties, including imprisonment for up to two years, as outlined in section 11 of the Civil Aviation Act 1988. These penalties underscore the importance of adhering to ADs to ensure the safety and airworthiness of aircraft operating in Australian airspace.