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-99-13 affecting Bell 230 model helicopters. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BELL 222/39, which will become effective on 30 August 2007.
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, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of civil aviation in Australia, addressing the need for comprehensive regulatory frameworks governing all aspects of civil aviation operations. The Act empowers the Governor-General to make regulations aimed at enhancing the safety of air navigation. In this context, the Civil Aviation Safety Regulations 1998 were established, with regulation 39.001 specifically authorising the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft and aeronautical products. These ADs, as legislative instruments, must adhere to the requirements of the Legislative Instruments Act 2003. The Civil Aviation Act 1988 and its associated regulations reflect Australia's commitment to international standards as outlined in the Convention on International Civil Aviation, particularly Annex 8, which mandates the continuing airworthiness responsibilities of States of Design and States of Registry. This legislative framework ensures that Australia aligns its domestic aviation safety measures with international obligations, thereby maintaining high standards of safety and uniformity in civil aviation practices.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning particular types of aircraft or aeronautical products. These directives are legislative instruments that adhere to the requirements set out in section 98 of the Civil Aviation Act 1988 and Annex 8 to the Convention on International Civil Aviation. An AD is issued when a State of Design identifies a safety issue and mandates corrective measures to ensure the continuing airworthiness of a particular aircraft type. In the case where Australia is the State of Registry, CASA must evaluate the AD from the State of Design and, if deemed necessary, issue a corresponding Australian AD. The issuance of ADs such as Australian AD/BELL 222/39, which becomes effective on a specified date, is based on international obligations and the evaluation of foreign ADs, without the need for public consultation or a Regulatory Impact Statement. The authority to issue these directives stems from the Act and is exercised by CASA on behalf of the Commonwealth of Australia.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework under which airworthiness directives (ADs) are issued in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations that are in the interest of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. This regulation is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and hence, is also a legislative instrument under section 6 of the Legislative Instruments Act 2003.
Under this regulatory regime, the State of Design, which is the country where the aircraft or aeronautical product was designed, has the overarching responsibility for ensuring the continuing airworthiness of an aircraft type. The State of Design must provide any necessary information to ensure the continuing airworthiness of a type to appropriate States of Registry, which are the countries where individual aircraft are registered. In Australia, CASA, as the national airworthiness authority, has the responsibility to assess information from the State of Design and, when necessary, issue Australian ADs to mandate the requirements of the State of Design. This is in line with Annex 8 to the Convention on International Civil Aviation, which assigns these responsibilities to the respective States.
When issuing ADs, CASA must comply with its obligations under the Convention on International Civil Aviation and the requirements of the Civil Aviation Safety Regulations 1998. For example, Transport Canada issued AD CF-99-13 affecting Bell 230 model helicopters, and as the State of Design, CASA assessed this AD and issued Australian AD/BELL 222/39, effective from 30 August 2007. Given the nature of ADs and their basis in international obligations, no public consultation was required for this AD. Furthermore, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The issuance of ADs is managed by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, as per subsection 84A(2) of the Civil Aviation Act 1988.
Failure to comply with ADs can lead to significant legal consequences. Under section 90 of the Civil Aviation Act 1988, an aircraft cannot be registered, and a person cannot operate an aircraft, if it does not comply with ADs. Additionally, section 90A imposes penalties for contravening an AD, including fines and imprisonment. The maximum penalty for an individual is a fine of up to 10,000 penalty units or imprisonment for up to five years, or both, while the maximum penalty for a body corporate is a fine of up to 50,000 penalty units. These provisions underscore the importance of adhering to ADs to ensure the safety of air navigation and the continuing airworthiness of aircraft.