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.
EASA has issued AD 2006-0351-E affecting CASA Model C-212 aircraft. Spain is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CASA/27, which will become effective on 28 November 2006.
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, New Technologies and Systems, 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 ensure the safety of air navigation and to provide a legislative framework for the regulation of civil aviation in Australia. This Act empowers the Governor-General to make regulations that are critical for maintaining air safety, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The ADs are legislative instruments made under the authority of the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The policy objective of these regulations is to ensure that aircraft remain airworthy, aligning with the international obligations under Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design and the State of Registry. The ADs serve as a primary means of communicating necessary information to maintain airworthiness, and CASA's role is to assess and, if necessary, mandate these requirements for aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998 provide for the issuance of airworthiness directives (ADs) under section 39.001, which are legislative instruments pursuant to section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. These directives are designed to ensure the continuing airworthiness of aircraft, with the State of Registry being responsible for the ongoing maintenance and compliance of aircraft registered within its jurisdiction. In the context of Australia, the Civil Aviation Safety Authority (CASA) assumes the role of the national airworthiness authority, obligated to issue Australian ADs in response to directives issued by the State of Design, in line with international obligations under the Convention on International Civil Aviation. For example, in the case of CASA Model C-212 aircraft, where Spain is the State of Design, CASA has issued AD/CASA/27 following the assessment of AD 2006-0351-E by EASA. This directive, reflecting Australia's international commitments, is effective from 28 November 2006 and has been issued without public consultation, as it falls under the category of ADs that do not require a Regulatory Impact Statement, per the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to enact regulations that are crucial for air navigation safety. Pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments under section 6 of the Legislative Instruments Act 2003. This regulatory framework is in place to ensure that all parties involved in the aviation sector adhere to the highest standards of airworthiness and safety.
Under the obligations imposed by the Act and the Regulations, CASA, as Australia’s national airworthiness authority, is tasked with the responsibility of assessing airworthiness directives issued by the State of Design and, if necessary, issuing corresponding Australian ADs. This ensures that the requirements of the State of Design are implemented in Australia. For instance, when the European Union Aviation Safety Agency (EASA) issued AD 2006-0351-E affecting CASA Model C-212 aircraft, CASA assessed this directive and subsequently issued Australian AD/CASA/27. This process underscores CASA’s commitment to maintaining the safety and airworthiness of aircraft registered in Australia.
The obligations of the State of Design and the State of Registry are clearly defined under Annex 8 to the Convention on International Civil Aviation. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide all necessary information to the States of Registry to ensure this airworthiness. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction. This collaborative approach ensures that international safety standards are uniformly applied and adhered to across all jurisdictions.
In terms of consequences for non-compliance, the Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences, penalties, or civil/criminal consequences for breaching an AD. However, the overarching legislative framework under the Civil Aviation Act 1988 implies that failure to comply with an AD can result in severe penalties, including fines and potential criminal charges. Such breaches could lead to the grounding of aircraft, suspension of airworthiness certificates, or other regulatory actions that may severely impact the operations of the involved parties. It is thus imperative for all stakeholders to comply with ADs to maintain the high safety standards mandated by the Act.