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 ENAC issued AD 2005-139, affecting Agusta AB412 model helicopters, in 2005. Italy is the State of Design for this type. As a result of increasing complexity of the previous Australian AD (AD/BELL 412/44 Amendment 1), which combined requirements for both the US and Italian built versions of the aircraft, CASA has amended AD/BELL 412/44 to cover only the US built variants, and raised AD/BELL 412/53 to cover the Italian variants. The new AD, AD/BELL 412/53, will become effective on 20 December 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, 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 regulation in a rapidly evolving industry. As part of this framework, the Civil Aviation Safety Regulations 1998 were established, under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to maintain the airworthiness of aircraft. This legislative instrument is designed to align Australian aviation safety standards with international obligations, particularly those under the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, is tasked with assessing ADs issued by the State of Design and, where necessary, issuing corresponding Australian ADs. This ensures that Australian aircraft meet the required safety standards and that any issues identified by the State of Design are effectively communicated and addressed within the Australian aviation sector.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products to ensure the safety of air navigation. This legislation applies to the State of Design of an aircraft, which holds the overall responsibility for the continuing airworthiness of a type of aircraft, and the State of Registry, which must ensure the continuing airworthiness of individual aircraft. In the case of Australian-registered aircraft, CASA, as Australia’s national airworthiness authority, assumes these responsibilities by assessing information from the State of Design and issuing relevant ADs. The scope of this regulation extends to mandating specific requirements to maintain the airworthiness of aircraft and aeronautical products, as dictated by international standards under Annex 8 to the Convention on International Civil Aviation. The application of this legislation is national and is influenced by international obligations, which necessitates adherence to ADs issued by other countries' regulatory bodies, such as ENAC in Italy. These directives do not require public consultation and are exempt from a Regulatory Impact Statement, as they are considered necessary for ensuring air safety and are aligned with international standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. This is a legislative instrument as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. Annex 8 to the Convention on International Civil Aviation places the responsibility of ensuring the continuing airworthiness of an aircraft type with the State of Design, while the State of Registry is responsible for the airworthiness of individual aircraft. CASA must assess information from the State of Design and issue an Australian AD if necessary.
The obligations placed on parties governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include ensuring compliance with airworthiness directives issued by CASA. The State of Design must provide necessary information to maintain the airworthiness of aircraft types, while the State of Registry is responsible for ensuring the airworthiness of individual aircraft on its register. Operators and owners of aircraft affected by an AD must comply with the requirements outlined in the directive, such as inspections, repairs, or modifications, to maintain the airworthiness of their aircraft. CASA, as Australia's national airworthiness authority, is responsible for assessing information from the State of Design and issuing Australian ADs when appropriate.
Failure to comply with airworthiness directives or to maintain the airworthiness of an aircraft in accordance with the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in civil and criminal consequences. Section 98 of the Civil Aviation Act 1988 empowers CASA to take enforcement action against operators or owners of non-compliant aircraft, which may include fines or other penalties. Additionally, section 98A of the Act provides for the imposition of civil penalty provisions for breaches of the Act or Regulations. The maximum civil penalty for a corporation is $1.65 million, and for an individual, it is $330,000. Criminal penalties may also apply, with the maximum penalty for an individual being a fine of up to $220,000 or imprisonment for up to five years, or both. It is essential for all parties governed by the Act and Regulations to comply with airworthiness directives to avoid these consequences.