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 Civil Aviation Authority (ENAC) has issued AD 2008-62 affecting AB 412 and AB412EP model rotorcraft. Italy is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BELL 412/54, which will become effective on 10 April 2008.
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 Acting Manager, Airframe and Structures in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, addresses the need for regulations ensuring the safety of air navigation. It grants the Governor-General the authority to make such regulations, as outlined in section 98, and delegates the issuance of airworthiness directives to the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives, classified as legislative instruments, aim to maintain the safety standards of aircraft and aeronautical products, aligning with international obligations under the Convention on International Civil Aviation, particularly Annex 8 which designates the State of Design as responsible for continuing airworthiness. The Australian AD/BELL 412/54, issued by CASA in response to an Italian directive concerning AB 412 and AB412EP model rotorcraft, exemplifies this regulatory approach and demonstrates the implementation of international safety standards within Australian aviation law.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to the issuance of airworthiness directives (ADs) as a legislative instrument for ensuring the safety of air navigation. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products, as detailed in regulation 39.001. The ADs are integral to ensuring the continuing airworthiness of aircraft and are mandated by international obligations under the Convention on International Civil Aviation, particularly through Annex 8 which assigns responsibilities to the State of Design and State of Registry. The ADs are issued in response to directives from the State of Design, such as the Italian Civil Aviation Authority’s AD 2008-62 affecting AB 412 and AB412EP model rotorcraft. CASA, as Australia’s national airworthiness authority, must then assess these directives and issue corresponding Australian ADs if appropriate. The issuance of these directives does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation, and is executed by CASA in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides a framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. Specifically, subregulation 39.001(5) states that an AD is a disallowable instrument, and hence, a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions require CASA to act on ADs issued by the State of Design, which is responsible for the continuing airworthiness of an aircraft type. For instance, when the Italian Civil Aviation Authority (ENAC) issues an AD affecting AB 412 and AB412EP model rotorcraft, CASA must assess this information and, if necessary, issue an Australian AD. This ensures that Australia complies with its obligations under the Convention on International Civil Aviation and maintains the continuing airworthiness of aircraft registered in Australia.
Failure to comply with an AD can have serious consequences. The Civil Aviation Act 1988 and associated regulations do not explicitly outline offences or penalties for non-compliance with ADs; however, they are enforced through the broader aviation regulatory framework. Non-compliance with ADs can lead to enforcement actions by CASA, which may include grounding of the aircraft until the required actions are taken. Furthermore, severe non-compliance could potentially result in criminal charges under other provisions of the Civil Aviation Act 1988, leading to fines and imprisonment.
It is also noteworthy that, as per the Convention on International Civil Aviation, no consultation of the Australian public has taken place on this specific AD, and the Office of Best Practice Regulation has determined that such ADs do not require a Regulatory Impact Statement. This AD has been issued by the Acting Manager, Airframe and Structures in the Airworthiness Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Act, thereby ensuring that the AD is a legitimate and necessary measure for the safety of air navigation.