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 2008-0155 affecting EADS-CASA C-212 model aircraft. The EASA acts on behalf of Spain, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/CASA/29, which will become effective on 15 September 2008.
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 Acting Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations in the interests of aviation safety, including the issuance of airworthiness directives. In line with this mandate, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue such directives for specific types of aircraft or aeronautical products, thereby addressing the need for consistent and internationally aligned safety measures within Australian aviation. This regulatory approach is intended to uphold the safety standards required under international conventions such as Annex 8 to the Convention on International Civil Aviation, ensuring that Australia meets its obligations as a State of Registry and Design. The ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are issued without public consultation as they pertain to international commitments and assessments by the relevant State of Design.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) which apply to kinds of aircraft or aeronautical products within Australia. These directives are essential for ensuring the continuing airworthiness of aircraft and are issued in accordance with Annex 8 to the Convention on International Civil Aviation. The ADs are applicable to the State of Registry, which is responsible for the maintenance and compliance of individual aircraft registered in Australia. In the specific case of the AD issued by CASA, it was made in response to AD 2008-0155 issued by the European Aviation Safety Authority (EASA) on behalf of Spain, the State of Design for the EADS-CASA C-212 model aircraft. The Australian AD/CASA/29 mandates the requirements outlined in the EASA directive, ensuring alignment with international standards and obligations. The process does not require public consultation or a Regulatory Impact Statement, and the AD was made by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, under the authority granted by the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, in section 98, provides the Governor-General with the authority to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) of these Regulations categorises ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, thereby classifying them as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act and its associated Regulations are significant. The State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 of the Convention on International Civil Aviation. This responsibility includes providing necessary information to ensure the continuing airworthiness of the type to the appropriate States of Registry. On the other hand, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft within its jurisdiction. CASA, as Australia's national airworthiness authority, is required to assess ADs issued by foreign authorities and, if necessary, issue corresponding Australian ADs to enforce the requirements of the State of Design.
In the case of the European Aviation Safety Authority (EASA) issuing AD 2008-0155 for EADS-CASA C-212 model aircraft on behalf of Spain, CASA has assessed this directive and issued Australian AD/CASA/29. This AD, which will become effective on 15 September 2008, is a direct result of Australia's obligations under the Convention on International Civil Aviation and the necessity to respond to an AD raised by the relevant State of Design. Due to these circumstances, no consultation of the Australian public has taken place on this AD. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Regarding the consequences of non-compliance, the Act and Regulations do not explicitly outline specific offences, penalties, or consequences for breach of ADs. However, non-compliance with ADs can lead to severe implications, including grounding of aircraft, legal actions, and potential safety hazards. The severity of the consequences often depends on the nature and extent of the non-compliance, as well as the potential risk to aviation safety. CASA has the authority to enforce compliance and may take necessary actions to ensure adherence to airworthiness directives.