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-2009-07 affecting Bell 407 model helicopters. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BELL 407/33, which will become effective on 6 April 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 Manager, Airframes& Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to ensure the safety of air navigation and continuing airworthiness of aircraft, empowers the Governor-General to make regulations under section 98, with the Civil Aviation Safety Regulations 1998 further detailing the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, provide the legislative basis for CASA to issue ADs concerning aircraft or aeronautical products, with such directives being legislative instruments as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These ADs are integral to fulfilling Australia’s obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design holds the primary responsibility for the airworthiness of an aircraft type. Consequently, when a State of Design issues an AD, CASA must evaluate the information and, if necessary, issue a corresponding Australian AD to enforce the design state's requirements.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, facilitates the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. Under the Act, CASA is empowered to issue ADs for specific kinds of aircraft or aeronautical products, as detailed in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments, subject to disallowance and oversight under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are issued in accordance with international standards outlined in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design maintains responsibility for the continuing airworthiness of an aircraft type. In Australia, CASA, as the national airworthiness authority, must respond to ADs issued by the State of Design by assessing and, if necessary, issuing equivalent Australian ADs to enforce the required safety measures. This process ensures compliance with international obligations and the maintenance of airworthiness standards for aircraft registered in Australia.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation, including the issuance of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the purposes of the Act, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations are significant for both the State of Design and the State of Registry of an aircraft. The State of Design, which is the country where the aircraft type was designed, has the responsibility to ensure the continuing airworthiness of the aircraft type. This includes providing any necessary information to appropriate States of Registry. The State of Registry, in this case, Australia, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft within its registry. When a State of Design issues an AD for a type of aircraft on the Australian Register, CASA must assess the information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
Failure to comply with an AD can lead to serious consequences. Civil Aviation Safety Regulations 1998 include provisions for offences and penalties. The Act and accompanying regulations outline the criminal and civil penalties for non-compliance with ADs. The maximum penalties can include fines and imprisonment, depending on the severity of the breach and the impact on aviation safety. CASA has the authority to enforce compliance with ADs, and operators found in breach may face significant legal and financial repercussions.
For example, Transport Canada issued AD CF-2009-07 affecting Bell 407 model helicopters. As Canada is the State of Design for this aircraft type, CASA assessed the AD and issued Australian AD/BELL 407/33, which became effective on 6 April 2009. This process reflects Australia's commitment to international civil aviation standards and ensures that safety measures are uniformly applied across jurisdictions. Importantly, because this AD was issued in response to an AD by the relevant State of Design, no consultation with the Australian public was required, and no Regulatory Impact Statement was necessary, as determined by the Office of Best Practice Regulation. This streamlined approach ensures timely and effective enforcement of safety measures without unnecessary bureaucratic delays.