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 2008-0015 affecting General Avia F22 model aircraft. EASA acts on behalf of Italy, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/F22/1, Amendment 1, which will become effective on 01 February 2008. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness 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 unified approach to safety, efficiency, and economic growth in the aviation sector. This legislation empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. One significant aspect of the Act is its delegation of authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives, which are considered legislative instruments, are integral to maintaining the continuing airworthiness of aircraft as mandated by international agreements such as Annex 8 to the Convention on International Civil Aviation. The policy objective behind these regulations is to harmonise Australia's approach to aircraft safety with international standards, ensuring that Australian-registered aircraft meet global safety benchmarks. CASA's role in assessing and issuing ADs reflects its commitment to fulfilling Australia's obligations under international aviation conventions, thereby enhancing the safety and reliability of air travel both domestically and internationally.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, ensuring compliance with safety regulations. These ADs, which are legislative instruments, aim to mandate the requirements necessary for the continuing airworthiness of aircraft types registered in Australia. The application of these directives is influenced by the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design, such as the European Aviation Safety Authority (EASA) for General Avia F22 model aircraft, issues ADs that CASA must then assess and potentially adopt as Australian ADs. This process ensures that Australian aircraft meet international safety standards. The geographic reach of these regulations extends to all aircraft registered in Australia, with CASA acting as the national airworthiness authority to enforce these standards. However, these ADs are issued in response to international obligations and existing ADs from the State of Design, thereby exempting them from public consultation or the requirement for a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are designed to ensure the continuing airworthiness of aircraft and are a critical tool for maintaining safety standards in aviation.
The obligations placed on parties by this legislation are significant. The State of Design, which in this case is Italy for the General Avia F22 model aircraft, has the primary responsibility for ensuring the continuing airworthiness of the aircraft type. This includes providing necessary information to States of Registry, such as Australia, to maintain airworthiness. CASA, as Australia's national airworthiness authority, is mandated to assess the ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs. These ADs must then be enforced to ensure compliance by aircraft operators and maintain safety standards in accordance with international conventions and regulations.
Failure to comply with the requirements set out in an AD can lead to serious legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in civil penalties. The maximum penalty for an individual is generally a fine of up to $16,500 for each offence, while corporations can face fines of up to $82,500 per offence. In addition to civil penalties, there can be criminal consequences for wilful or reckless non-compliance, which can lead to imprisonment for up to two years for individuals, and higher penalties for corporations. These provisions underscore the importance of adhering to ADs to ensure the safety and integrity of air navigation.