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 2007-0108-E affecting EADS-CASA 212 model aircraft. EASA acts on behalf of Spain, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CASA/27, Amendment 2, which will become effective on 23 April 2007. 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 provide a legislative framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. Under this Act, the Governor-General has the authority to make regulations for the purposes of the Act and in the interests of the safety of air navigation. The Civil Aviation Safety Regulations 1998 were made under the authority of this Act, and they allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These ADs serve as a mechanism for ensuring the continuing airworthiness of aircraft in accordance with international standards and obligations, particularly those set forth in the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is responsible for issuing ADs in response to directives from the State of Design, thereby fulfilling Australia's obligations under international aviation agreements and ensuring the safety of aircraft operating in Australian airspace.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, governs the safety and airworthiness of aircraft within Australian jurisdiction. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified aircraft types and aeronautical products. These directives serve as legislative instruments under section 46A of the Acts Interpretation Act 1901 and are subject to disallowance. The application of these regulations is national, with CASA mandated to align with international standards as outlined in Annex 8 of the Convention on International Civil Aviation, which places responsibility on the State of Design for the continuing airworthiness of aircraft types. When the State of Design issues an AD, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements. For instance, following the issuance of EASA AD 2007-0108-E for EADS-CASA 212 model aircraft, CASA issued Australian AD/CASA/27, Amendment 2, effective from 23 April 2007. This process ensures compliance with international agreements and mandates no public consultation or regulatory impact assessment as it directly responds to obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, as they are disallowable under section 46A of the Acts Interpretation Act 1901, and they are created in accordance with the Legislative Instruments Act 2003. Essentially, ADs are regulatory measures designed to maintain the airworthiness of aircraft, ensuring they meet safety standards.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are primarily concerned with the ongoing airworthiness of aircraft. The State of Design, which is the country responsible for designing a particular aircraft type, has the primary responsibility for ensuring that the aircraft type continues to meet airworthiness standards. This includes providing necessary information to the State of Registry, which is the country where the aircraft is registered and is responsible for the day-to-day maintenance of the aircraft's airworthiness. When a State of Design issues an AD, the State of Registry, in this case CASA as Australia’s national airworthiness authority, must review this information and, if necessary, issue a corresponding Australian AD to enforce the required safety measures.
Failing to comply with an AD can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with an airworthiness directive can be considered an offence. The Act stipulates that any person who contravenes an AD may be liable for a civil penalty, which can be substantial depending on the severity of the breach. Furthermore, in cases where the non-compliance results in a safety incident, the penalties can escalate to include criminal charges, with potential imprisonment for individuals found responsible. The specific penalties are not detailed in the provided text, but they are intended to ensure strict adherence to airworthiness requirements to maintain the safety of air navigation.