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 EASA issued AD 2006-0365-E, affecting CASA C-212 aircraft, in 2006. Spain is the State of Design for this type. CASA has amended the equivalent Australian AD to revise the inspection procedure and extend applicability to all serial numbers. The amended AD, AD/CASA/27 Amendment 1, will become effective on 6 December 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 was enacted to regulate the safety and efficiency of civil aviation in Australia, addressing the need for comprehensive legislation to govern aviation operations and safety standards within the country. The Act provides the framework for the regulation of civil aviation in Australia and includes provisions for the issuance of airworthiness directives. The Civil Aviation Safety Regulations 1998 were introduced to support the Act by providing detailed regulatory requirements for the operation and maintenance of aircraft to ensure safety. These regulations allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for types of aircraft or aeronautical products, as outlined in regulation 39.001. The policy objective is to ensure the continuing airworthiness of aircraft and aeronautical products through effective regulation and oversight, aligning with international standards as set out in the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 and the issuance of airworthiness directives are mechanisms to achieve this objective by ensuring that aircraft meet necessary safety standards and that any identified safety issues are promptly addressed.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, provide the framework for the issuance of airworthiness directives (ADs) under the Civil Aviation Act 1988. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001. Such directives are legislative instruments under the Legislative Instruments Act 2003 and are designed to ensure the continuing airworthiness of aircraft. CASA, acting as Australia's national airworthiness authority, is obligated to assess and implement ADs issued by the State of Design, in line with the Convention on International Civil Aviation. For instance, in response to an AD issued by the European Aviation Safety Agency (EASA) affecting CASA C-212 aircraft, CASA amended the corresponding Australian AD, extending its applicability and revising inspection procedures. The issuance of these ADs is governed by international obligations and does not typically require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations that safeguard air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument as per section 46A of the Acts Interpretation Act 1901, and consequently, it is a legislative instrument under section 6 of the Legislative Instruments Act 2003.
Airworthiness directives are essential for maintaining the continuing airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for the ongoing airworthiness of an aircraft type and must provide necessary information to the State of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft. In Australia, CASA, as the national airworthiness authority, must assess information from the State of Design and issue an Australian AD if necessary. This process ensures that Australian-registered aircraft comply with international safety standards.
The AD issued by the European Aviation Safety Agency (EASA), AD 2006-0365-E, pertains to CASA C-212 aircraft, with Spain being the State of Design. CASA has amended the corresponding Australian AD to revise the inspection procedure and extend its applicability to all serial numbers. The updated AD, AD/CASA/27 Amendment 1, will take effect on 6 December 2006, replacing the previous issue. Given that this AD is in response to an AD issued by the State of Design and Australia's obligations under the Convention on International Civil Aviation, no public consultation was required. The Office of Regulatory Review has also determined that ADs do not necessitate a Regulatory Impact Statement. The Manager, Airframes, from the Manufacturing, Certification and New Technologies Office, issued this AD on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The Civil Aviation Safety Regulations 1998 impose certain obligations on the parties or entities governed by them. CASA must assess information from the State of Design and, if necessary, issue an Australian AD to ensure compliance with safety standards. Operators of affected aircraft must adhere to the requirements outlined in the ADs, which may include specific inspection procedures and maintenance actions. Failure to comply with the ADs can result in serious consequences, including the potential for grounding of the aircraft until the required actions are taken. CASA can enforce compliance through various measures, such as audits and inspections, and may impose penalties for non-compliance. The maximum penalties for breaches of the Civil Aviation Safety Regulations 1998 can include fines of up to $22,200 for individuals and $111,000 for corporations, depending on the severity and circumstances of the breach.