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 2006-0286-E affecting oxygen equipment. EASA is the State of Design for this type of equipment. CASA has assessed this AD and as a result has issued AD/OXY/20 which now cancels the actions required by Australian AD/ECUREUIL/121. The cancellation will become effective on 26 September 2006.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. 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, enacted by the Australian Parliament, governs the regulation of civil aviation safety to ensure the protection of life and property in air navigation. This Act provides the legislative framework for the creation of regulations aimed at maintaining the safety of air navigation, as evidenced by the Civil Aviation Safety Regulations 1998. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to address safety concerns for types of aircraft or aeronautical products. The ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The policy objective of the ADs is to maintain and enhance the safety of air navigation by ensuring that aircraft and aeronautical products meet required airworthiness standards. This legislative framework is designed to align with international standards set by the International Civil Aviation Organization (ICAO) and to address safety issues identified by the State of Design, such as in the case of AD 2006-0286-E issued by the European Aviation Safety Agency (EASA) concerning oxygen equipment.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide a framework for the regulation of airworthiness directives (ADs) in Australia, with the Civil Aviation Safety Authority (CASA) playing a pivotal role. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that support the Act, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs concerning types of aircraft or aeronautical products. The application of these regulations extends to all aircraft and aeronautical products registered in Australia, thereby affecting aviation entities and operators within the country. Geographically, the scope of these regulations is national, focusing on ensuring the safety of air navigation within Australia. However, the application is not limited to domestic concerns; it also aligns with international standards set by the International Civil Aviation Organization (ICAO), ensuring that Australia meets its obligations under Annex 8 of the Convention on International Civil Aviation. The ADs issued by CASA are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, respectively. While these regulations broadly apply to all relevant entities, specific ADs may have targeted scopes depending on the aircraft type or aeronautical product involved.
Key Provisions
The Civil Aviation (Safety) Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 and are disallowable under section 46A of the Acts Interpretation Act 1901. The issuing of ADs is in line with Annex 8 to the Convention on International Civil Aviation, where the State of Design bears the responsibility for the continuing airworthiness of an aircraft type, and must supply necessary information to ensure this airworthiness to the relevant States of Registry. Each State of Registry is then responsible for developing or adopting requirements to maintain the continuing airworthiness of the aircraft registered within its jurisdiction.
In the context of Australia, when the European Aviation Safety Agency (EASA), as the State of Design, issues an AD concerning a type of aircraft registered in Australia, CASA must evaluate this information. If deemed necessary, CASA will issue an Australian AD to implement the requirements of the EASA AD. For example, EASA's AD 2006-0286-E concerning oxygen equipment has led to CASA issuing AD/OXY/20, which cancels the previous Australian AD/ECUREUIL/121. This cancellation is effective from 26 September 2006, aligning with Australia’s obligations under the Convention on International Civil Aviation.
The obligations imposed on CASA include the assessment and, if necessary, the issuance of ADs to ensure compliance with international standards and the continuing airworthiness of aircraft registered in Australia. CASA must act promptly in response to ADs issued by the relevant State of Design, ensuring that any necessary changes or cancellations are implemented without delay. This process ensures that Australian-registered aircraft meet safety standards established by international conventions and agreements.
Failure to comply with an AD can lead to serious safety risks, as ADs are designed to address potential safety issues identified with aircraft types. Under the Civil Aviation Act 1988, non-compliance with an AD can result in significant civil and criminal penalties. For instance, operators failing to adhere to an AD may face fines, imprisonment, or both, depending on the severity of the breach. The maximum penalties for such offences can be substantial, reflecting the critical importance of adhering to airworthiness directives to ensure the safety of air navigation.