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 2009-0160 affecting Extra EA 300 model aircraft. EASA acts on behalf of Germany, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/EXTRA/10, which will become effective on 28 July 2009.
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 Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, addressing the need for a robust and coordinated approach to ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to create regulations that support the Act's overarching aim of maintaining the highest safety standards in air navigation. One such regulation, detailed in the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are critical for maintaining the continuing airworthiness of aircraft, ensuring they meet necessary safety standards. The legislative process for ADs involves CASA, Australia's national airworthiness authority, assessing international ADs and, if appropriate, issuing corresponding Australian ADs to enforce the required safety measures. The issuing of these directives is guided by international conventions, particularly Annex 8 to the Convention on International Civil Aviation, which assigns responsibilities to the State of Design and State of Registry for ensuring aircraft airworthiness.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are essential legislative instruments that ensure the safety of air navigation, in accordance with section 98 of the Civil Aviation Act 1988. The authority to issue such directives stems from the overarching responsibility of the State of Design for the continuing airworthiness of aircraft types, as outlined in Annex 8 of the Convention on International Civil Aviation. The State of Registry, such as CASA in the context of Australia, has a corresponding duty to ensure the continuing airworthiness of aircraft registered within its jurisdiction. In the case of the European Aviation Safety Authority issuing an AD affecting a specific aircraft type, CASA, as the national airworthiness authority, must evaluate the directive and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. The issuance of ADs is governed by international obligations and typically does not involve public consultation or the need for a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 contain provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Regulations permits CASA to issue ADs for kinds of aircraft or aeronautical products. An AD is a legislative instrument that is subject to disallowance under section 46A of the Acts Interpretation Act 1901 and is regulated under the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations include the continuing airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design has overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry. The State of Registry, in this case CASA, is responsible for ensuring the continuing airworthiness of aircraft within Australia. CASA must assess information from the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
Failure to comply with an AD can result in serious consequences. Section 322 of the Civil Aviation Act 1988 makes it an offence to operate an aircraft in a manner that contravenes an AD, with potential penalties including fines of up to $21,000 for individuals and $105,000 for corporations. Additionally, CASA has the authority to ground non-compliant aircraft, which can have significant operational and financial implications for the operator. The Act also provides for the imposition of civil penalties for breaches of ADs, which can include fines up to the maximum amounts specified.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for the issuance of ADs by CASA, reflecting Australia's obligations under international conventions and ensuring the continuing airworthiness of aircraft. The Act and Regulations impose specific obligations on CASA to assess and issue ADs as necessary, and failure to comply with these directives can result in significant penalties, both criminal and civil.