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 2006-0281 affecting Extra 300 model aircraft. EASA acts on behalf of Germany, the State of Design for this types. CASA has assessed this AD and has issued Australian AD/EXTRA/7, Amendment 1, which will become effective on 21 February 2007. This AD cancels and replaces the previous issue.
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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes 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 Parliament of Australia, was introduced to address the need for comprehensive regulation of civil aviation within Australia, ensuring safety and efficiency in air navigation. Under this Act, the Governor-General is empowered to make regulations that pertain to the interests of air navigation safety. The Civil Aviation Safety Regulations 1998, which are subsidiary legislation under the Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, thereby ensuring the continuing airworthiness of aircraft registered in Australia. This legislation mandates CASA to issue ADs in response to directives from the State of Design, thereby aligning with international standards and obligations under the Convention on International Civil Aviation. Consequently, when the European Aviation Safety Authority issued AD 2006-0281 affecting Extra 300 model aircraft, CASA issued its own corresponding AD to ensure compliance with these international safety standards.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, applies to entities and individuals involved in the civil aviation industry in Australia, particularly those who are responsible for the airworthiness of aircraft and aeronautical products. This Act provides the legal framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), the national airworthiness authority in Australia. These directives are legislative instruments that mandate specific requirements for the continuing airworthiness of aircraft, ensuring safety standards are met across the industry. The scope of the Act extends to all aircraft registered in Australia and is influenced by international obligations under the Convention on International Civil Aviation. In this particular instance, CASA has issued an airworthiness directive in response to a directive issued by the European Aviation Safety Authority (EASA) for the Extra 300 model aircraft, reflecting Australia's commitment to international safety standards. The AD is made without public consultation as it pertains to Australia's obligations under the Convention on International Civil Aviation and is considered a disallowable instrument under the Acts Interpretation Act 1901.
Key Provisions
The key provisions of the Civil Aviation Safety Regulations 1998 (CASR) as they pertain to the issuance of airworthiness directives (ADs) are found in regulation 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue these directives for certain types of aircraft or aeronautical products (reg. 39.001(1)). This regulation empowers CASA to ensure that aircraft remain airworthy by specifying mandatory requirements or conditions in response to identified safety issues. Importantly, regulation 39.001(5) identifies an AD as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument subject to the Legislative Instruments Act 2003 (reg. 39.001(5)). This classification underscores the regulatory significance of ADs within the aviation safety framework.
Entities governed by the Civil Aviation Safety Regulations 1998, including CASA, must adhere to the requirements set out in any issued ADs. For instance, when an AD is issued by the State of Design, CASA is obligated to assess the information and, if necessary, issue a corresponding Australian AD to enforce the same requirements domestically. The State of Registry, which is responsible for the continuing airworthiness of individual aircraft, must ensure compliance with these directives (reg. 39.001(1)). This obligation extends to implementing the necessary modifications or inspections to maintain the aircraft's airworthiness in accordance with the AD.
In the event of non-compliance with an AD, there can be significant legal consequences. CASA may take enforcement action against entities that fail to comply with ADs, which can include fines and other penalties. While the Civil Aviation Safety Regulations 1998 do not explicitly detail the penalties for non-compliance with ADs, penalties for breaches of civil aviation regulations generally can be severe. For example, under the Civil Aviation Act 1988, a person who contravenes a regulation may be liable to a penalty of up to $165,294 for individuals and $826,470 for bodies corporate. Additionally, continued operation of a non-compliant aircraft can result in serious safety risks and potential criminal charges. The severity of penalties reflects the critical importance of adhering to ADs in ensuring the safety of air navigation.