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 Italian authority (ENAC) has issued AD 2005-139 affecting Agusta AB412 model helicopters. Italy is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BELL 412/44, Amendment 1, which will become effective on 16 March 2006. This AD cancels and replaces the previous issue.
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, enacted by the Parliament of Australia, governs the regulation of civil aviation within the country with a focus on ensuring the safety of air navigation. This Act provides the framework for the issuance of regulations under section 98, which include airworthiness directives, aimed at maintaining the safety and airworthiness of aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998 further detail the processes and responsibilities associated with airworthiness directives, ensuring compliance with international standards set by the Convention on International Civil Aviation. The issuance of airworthiness directives is a legislative instrument managed by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority, which assesses and implements directives from the States of Design to ensure the continuing airworthiness of aircraft registered in Australia. The objective of these regulations is to uphold international safety standards while addressing any identified safety issues for aircraft types within the Australian Register.
Scope and Application
The Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) under the Civil Aviation Act 1988, specifically in regulation 39.001. These ADs apply to kinds of aircraft or aeronautical products, ensuring compliance with safety standards as mandated by the Civil Aviation Safety Authority (CASA). As legislative instruments under the Legislative Instruments Act 2003, ADs are critical in maintaining the continuing airworthiness of aircraft, which is ultimately the responsibility of the State of Registry for individual aircraft. When an AD is issued by a State of Design, such as Italy in the case of the Agusta AB412 model helicopters, CASA must assess this information and, if necessary, issue an Australian AD to align with international standards under the Convention on International Civil Aviation. The AD/BELL 412/44, Amendment 1, issued by CASA, is a direct response to the Italian AD 2005-139 and will be effective from 16 March 2006, replacing the previous AD. The process does not require public consultation or a Regulatory Impact Statement, as it is governed by international obligations and the authority's duty to enforce safety regulations.
Key Provisions
The key sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs). Specifically, section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. An AD, as outlined in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus constitutes a legislative instrument under the Legislative Instruments Act 2003.
The obligations imposed by these provisions include the State of Design’s responsibility to ensure the continuing airworthiness of an aircraft type and to provide necessary information to the States of Registry, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in turn, is mandated to develop or adopt requirements to ensure the continuing airworthiness of individual aircraft registered within its jurisdiction. CASA, as Australia’s national airworthiness authority, must assess the information provided by the State of Design and, if deemed necessary, issue an Australian AD to enforce the requirements. For example, in response to the Italian authority’s AD 2005-139 affecting Agusta AB412 model helicopters, CASA issued Australian AD/BELL 412/44, Amendment 1, effective from 16 March 2006.
The regulations also dictate that no consultation with the Australian public is necessary for ADs issued due to Australia's obligations under the Convention on International Civil Aviation or in response to ADs from the relevant State of Design. Furthermore, the Office of Regulatory Review has concluded that ADs do not require a Regulatory Impact Statement. The issuance of an AD follows the prescribed procedures, such as the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, making the directive on behalf of CASA in accordance with subsection 84A(2) of the Act.
There are no specific offences, penalties, or civil/criminal consequences mentioned in the provided text for non-compliance with ADs. However, failure to adhere to ADs could potentially result in severe safety risks, leading to enforcement actions by CASA. The specific penalties for non-compliance would depend on the nature and severity of the breach, which might include fines, suspension of airworthiness certificates, or other regulatory sanctions as stipulated by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.