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 2007-0221 affecting CFM International. EASA acts on behalf of France, the State of Design for these helicopters. CASA has assessed this AD and has issued Australian AD/CFM 56/27 which will become effective on 3 September 2007.
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 Manager, Systems Section in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, serves as the primary legislative framework governing civil aviation in Australia. It establishes the foundational legal structure necessary for ensuring the safety and efficiency of civil aviation operations within the country. This Act provides the authority for the issuance of airworthiness directives, which are crucial for maintaining the continuing airworthiness of aircraft and aeronautical products. Section 98 of the Act empowers the Governor-General to make regulations for the purposes of the Act, ensuring that these directives serve the overarching goal of air navigation safety. The Civil Aviation Safety Regulations 1998, made under this Act, further detail the processes and requirements for issuing such directives. The policy objective is to align with international standards, particularly those set by the International Civil Aviation Organization (ICAO), thereby ensuring that Australia’s aviation safety measures are consistent with global practices.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products, as permitted by section 98 of the Civil Aviation Act 1988. These ADs, which are legislative instruments, are crucial for ensuring the continuing airworthiness of aircraft registered in Australia, aligning with Australia’s obligations under the Convention on International Civil Aviation. The ADs issued by CASA are in response to directives from the State of Design, such as the European Aviation Safety Authority acting on behalf of France, and aim to mandate specific requirements necessary for the safety and airworthiness of these aircraft. Given the international nature of these directives, CASA’s role involves assessing and, if necessary, issuing Australian ADs to enforce the requirements set by the State of Design, thereby ensuring compliance with international safety standards. This regulatory framework ensures that the ADs are aligned with the international obligations and standards, and no public consultation is required as they are directly tied to international agreements and directives.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework for issuing airworthiness directives (ADs), which are crucial for ensuring the safety of aircraft. Section 98 of the Act allows the Governor-General to make regulations for air navigation safety, and regulation 39.001 of the Regulations specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus are legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions include a responsibility on the State of Design to ensure the continuing airworthiness of an aircraft type and to provide necessary information to the States of Registry, as per Annex 8 of the Convention on International Civil Aviation. The State of Registry, in this case CASA as Australia’s national airworthiness authority, must then assess the information from the State of Design and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This is evident in the issuance of AD/CFM 56/27 by CASA in response to EASA’s AD 2007-0221.
Breaching the requirements set out in these ADs can lead to significant consequences. Under section 84A of the Civil Aviation Act 1988, non-compliance with an AD can result in civil penalties, including fines. For instance, the maximum penalty for non-compliance can be substantial, depending on the severity of the breach and the risk posed to aviation safety. Additionally, failure to adhere to an AD may lead to the grounding of an aircraft, which can have severe operational and financial repercussions for airlines and aircraft operators. Furthermore, CASA has the authority to take enforcement actions, which may include legal proceedings against individuals or entities that fail to comply with the ADs.