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 2008-0177-E affecting Eurocopter EC 120 B model aircraft. The EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/EC 120/18, which will become effective on 24 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, enacted by the Commonwealth Parliament, serves to regulate civil aviation within Australia, with a primary focus on ensuring the safety of air navigation. In line with section 98 of the Act, the Governor-General has the authority to enact regulations that support the Act's safety objectives, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and regulated by the Legislative Instruments Act 2003. The issuance of ADs is a global practice, mandated by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type and requires it to share necessary information with States of Registry. CASA, as Australia’s national airworthiness authority, is tasked with assessing ADs issued by States of Design and, if deemed necessary, issuing corresponding Australian ADs to ensure compliance with safety standards.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under the authority conferred by section 98 of the Civil Aviation Act 1988, and specifically through regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA can issue ADs for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs serve to ensure the continuing airworthiness of aircraft and aeronautical products, aligning with the responsibilities of the State of Design and the State of Registry under Annex 8 of the Convention on International Civil Aviation. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess the information and, if appropriate, issue a corresponding Australian AD. This process is exemplified by CASA's issuance of Australian AD/EC 120/18 in response to EASA's AD 2008-0177-E for Eurocopter EC 120 B model aircraft. As these ADs are mandated by international obligations and issued in response to directives from the relevant State of Design, they do not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998 (sections 39.001 and 39.001(5)) allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, making these directives legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. This legislative framework is essential for ensuring the ongoing airworthiness of aircraft and aeronautical products, aligning with the requirements of Annex 8 to the Convention on International Civil Aviation.
Under this legislation, CASA is tasked with assessing and, if necessary, issuing Australian ADs in response to directives issued by the State of Design or other ICAO Contracting States. For example, following the issuance of AD 2008-0177-E by the European Aviation Safety Authority (EASA) for Eurocopter EC 120 B model aircraft, CASA issued Australian AD/EC 120/18. This reflects Australia’s obligations under the Convention on International Civil Aviation and ensures the Australian Register of aircraft complies with international safety standards. The process is designed to maintain high safety standards without requiring public consultation, as determined by the Office of Best Practice Regulation, which found that such directives do not necessitate a Regulatory Impact Statement.
Entities and individuals governed by these regulations have specific obligations. CASA, as Australia's national airworthiness authority, must rigorously assess and respond to ADs from other States of Design to ensure all aircraft registered in Australia meet international safety standards. Operators of affected aircraft must comply with the requirements set out in these ADs, including any modifications, inspections, or operational limitations specified. This compliance is crucial for maintaining the airworthiness of aircraft and ensuring the safety of air navigation. Failure to adhere to these directives can result in severe consequences, including the potential grounding of non-compliant aircraft, which can significantly impact operations and safety.
Breaching the requirements set out in ADs can result in both civil and criminal consequences. For example, failure to comply with an AD can lead to enforcement actions by CASA, including fines and the potential prohibition of the aircraft from flying until compliance is achieved. Under the Civil Aviation Act 1988, the maximum penalties for non-compliance can include substantial fines and, in severe cases, imprisonment. These measures are in place to ensure that all stakeholders, including aircraft operators, maintenance providers, and manufacturers, take the necessary steps to ensure the safety and airworthiness of aircraft, thereby protecting the public and maintaining the integrity of the aviation system.