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 2006-0359-E affecting EADS-CASA C212 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/28, which will become effective on 1 December 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, 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, enacted by the Australian Parliament, provides a legislative framework for the regulation of civil aviation within Australia. The Act aims to ensure the safety and efficiency of civil aviation, and it empowers the Governor-General to make regulations that serve these objectives. One such regulation is the Civil Aviation Safety Regulations 1998, which were amended to allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are critical tools for maintaining the continuing airworthiness of aircraft, and they are issued in accordance with international standards set by the International Civil Aviation Organization (ICAO). When a State of Design issues an AD, CASA, as the national airworthiness authority, is obligated to assess the information and, if necessary, issue a corresponding Australian AD. This process is exemplified by the issuance of Australian AD/CASA/28 in response to EASA's AD 2006-0359-E, which mandates certain requirements for the EADS-CASA C212 model aircraft. Given that these directives are made in response to international obligations and not subject to public consultation, they do not require a Regulatory Impact Statement.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, which are made under the Civil Aviation Act 1988, provide for the issuance of airworthiness directives (ADs) that pertain to specific kinds of aircraft or aeronautical products. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue these directives, which are legislative instruments disallowable under section 46A of the Acts Interpretation Act 1901. This regulatory framework is designed to ensure the safety of air navigation, aligning with the responsibilities of the State of Design and the State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. When an AD is issued by a State of Design, such as the European Aviation Safety Authority on behalf of Spain for the EADS-CASA C212 model aircraft, CASA must assess the information and issue a corresponding Australian AD to enforce the required safety measures. This process underscores the international cooperation necessary for maintaining airworthiness standards and ensures compliance with Australia's obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, allows the Governor-General to make regulations that are in the interests of the safety of air navigation. In this context, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is classified as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by this legislation on the parties involved include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type and to provide necessary information to the appropriate States of Registry. In accordance with Annex 8 of the Convention on International Civil Aviation, the State of Registry is tasked with developing or adopting requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When a State of Design issues an AD, such as AD 2006-0359-E by the European Aviation Safety Authority (EASA) for the EADS-CASA C212 model aircraft, CASA must evaluate this information. If deemed appropriate, CASA will then issue an Australian AD, such as AD/CASA/28, to mandate the requirements of the State of Design, ensuring compliance with international standards.
In terms of consequences for non-compliance, the Act does not explicitly state specific offences, penalties, or civil/criminal consequences for breaching an AD. However, the regulatory framework within which these ADs are issued underscores the importance of compliance to maintain the safety of air navigation. Non-compliance with an AD could potentially lead to safety issues and may result in enforcement actions by CASA, which could include fines, grounding of aircraft, or other regulatory penalties as deemed necessary to enforce compliance with airworthiness standards.
The process of issuing an AD, such as AD/CASA/28, is conducted without public consultation, as these directives are a response to international obligations and the specific requirements of the State of Design. This approach is supported by the Office of Regulatory Review, which has determined that ADs do not require a Regulatory Impact Statement. The AD is formally 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, ensuring that the directive is issued with the necessary authority and in compliance with legislative requirements.