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 European Aviation Safety Authority (EASA) has issued AD 2009-0185 affecting Agusta AB412 and AB412EP model helicopters. EASA acts on behalf of Italy, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/BELL 412/58, which will become effective on 3 September 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 Initial Airworthiness in the Airworthiness and Engineering Branch, 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, provides the legislative foundation for the regulation of civil aviation within the country, with a primary focus on ensuring the safety of air navigation. This Act empowers the Governor-General to create regulations that serve the interests of aviation safety, including the issuance of airworthiness directives (ADs) as per section 98. Complementing this, the Civil Aviation Safety Regulations 1998 further detail the mechanisms for AD issuance under regulation 39.001, which is further classified as a legislative instrument under the Legislative Instruments Act 2003. In line with international obligations under the Convention on International Civil Aviation, specifically Annex 8, Australia’s Civil Aviation Safety Authority (CASA) plays a crucial role in maintaining the continuing airworthiness of aircraft on the Australian register by issuing ADs in response to directives from the State of Design or other relevant authorities such as the European Aviation Safety Agency (EASA). This legislative framework ensures that Australia meets its international commitments while prioritising the safety and regulatory compliance of its aviation sector.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework within which airworthiness directives (ADs) are issued in Australia. Under this legislation, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs to ensure the safety of air navigation. These directives apply to specific types of aircraft or aeronautical products and are mandated by regulation 39.001 of the Civil Aviation Safety Regulations 1998. The ADs are legislative instruments as defined by the Legislative Instruments Act 2003, and their issuance is guided by the requirements of international conventions, particularly Annex 8 to the Convention on International Civil Aviation. The ADs are intended to maintain the continuing airworthiness of aircraft registered in Australia, in alignment with the responsibilities of the State of Design and the State of Registry. As such, CASA must issue corresponding ADs when the State of Design, such as the European Aviation Safety Agency (EASA) for certain aircraft types, issues an AD. This process does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The ADs are issued by CASA, acting on behalf of the Commonwealth of Australia, and are effective upon their issuance.
Key Provisions
The Civil Aviation (Safety) Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives, as clarified in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003. An example of this process is evident in the issuance of Australian AD/BELL 412/58, which responds to the European Aviation Safety Authority’s AD 2009-0185 concerning Agusta AB412 and AB412EP model helicopters. The State of Design, in this case Italy, issues the initial directive, and CASA, as Australia’s national airworthiness authority, assesses and issues the corresponding Australian AD.
The obligations placed upon entities by this legislation include ensuring that the State of Design, such as Italy, provides necessary information to maintain the airworthiness of aircraft types, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Registry, such as Australia through CASA, must then develop or adopt requirements to ensure the continuing airworthiness of individual aircraft registered within its jurisdiction. This involves assessing and potentially issuing ADs in response to those issued by the State of Design, as well as ensuring compliance with these directives. The requirement for Australia to issue AD/BELL 412/58 in response to EASA’s AD 2009-0185 is a direct example of these obligations.
The Civil Aviation (Safety) Regulations 1998 and related legislation do not explicitly outline specific offences, penalties, or consequences for non-compliance with airworthiness directives. However, non-compliance with ADs can lead to severe consequences, including the potential grounding of aircraft, fines, and even criminal charges under broader aviation safety laws. Although the specific penalties for non-compliance with ADs are not detailed in the provided text, they are likely to be substantial given the critical nature of airworthiness and safety in aviation.