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.
CASA has raised AD/GA200/1 to correct an unsafe situation on GippsAero GA200 aircraft. The unsafe condition relates to the potential failure of the wing strut attachment bolt/s. As Australia is the State of Design for the GA200, CASA is required to develop, and to transmit to other States of Registry, an AD to correct the problem. AD/GA200/1 becomes effective on 24 August 2012.
CASA has not consulted with the Australian industry and public as this unsafe condition is deemed to have immediate safety of flight implications and inspections and corrective actions must be carried out within a very short timeframe.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
Compatibility with human rights and freedoms
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
The AD has been made by the General Manager, Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, addressing various aspects of air safety, aircraft registration, and operational standards. This Act empowers the Civil Aviation Safety Authority (CASA) to issue regulations, including airworthiness directives, to ensure the safety of air navigation. The Civil Aviation Safety Regulations 1998 further detail the regulatory mechanisms for maintaining airworthiness standards. One such mechanism is the issuance of airworthiness directives, which are legislative instruments that mandate corrective actions to address safety issues with specific types of aircraft or aeronautical products. CASA issues these directives to correct unsafe conditions identified by the State of Design or other contracting states, ensuring the continuing airworthiness of aircraft registered in Australia. The compatibility of these directives with human rights and freedoms has been affirmed, indicating that they do not interfere with any recognised or declared rights under international human rights instruments.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance and oversight as per the Legislative Instruments Act 2003. The ADs are issued to ensure the continuing airworthiness of aircraft in line with international standards set by the Convention on International Civil Aviation, specifically Annex 8. The State of Design for a particular aircraft type has the overarching responsibility for its continuing airworthiness, while the State of Registry, which in Australia's case is CASA, is tasked with ensuring that aircraft meet the required safety standards within its jurisdiction. CASA's issuance of an Australian AD, such as AD/GA200/1 for the GippsAero GA200, is mandatory when an unsafe condition is identified that requires immediate corrective action. This particular AD was issued to address a potential failure of the wing strut attachment bolts, a critical safety concern that necessitated prompt action without the need for prior consultation with the industry or public. The AD/GA200/1 became effective on 24 August 2012. Furthermore, the Office of Regulatory Review has confirmed that ADs do not require a Regulatory Impact Statement, and CASA has affirmed the compatibility of these directives with human rights and freedoms as outlined in the Human Rights (Parliamentary Scrutiny) Act 2011.
Key Provisions
The Civil Aviation (Airworthiness) Regulations 1998, under section 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as mandated by section 98 of the Civil Aviation Act 1988. These ADs serve as a legislative instrument, as stated in section 6 of the Legislative Instruments Act 2003, and are crucial for ensuring the continuing airworthiness of aircraft types. In this context, CASA has issued AD/GA200/1, aimed at rectifying an unsafe condition related to the potential failure of the wing strut attachment bolt/s on GippsAero GA200 aircraft, effective from 24 August 2012. Given that Australia is the State of Design for the GA200, CASA is obligated to develop and disseminate this AD to other States of Registry to ensure the aircraft's continued airworthiness. This action is in line with Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design must provide necessary information to the States of Registry to maintain airworthiness.
The obligations imposed by the Civil Aviation (Airworthiness) Regulations 1998 on entities such as CASA and aircraft operators include the duty to comply with ADs issued by CASA. This involves conducting inspections and implementing corrective actions as specified in the ADs to maintain the aircraft's airworthiness. CASA must also ensure that the information provided in ADs is transmitted to other States of Registry, particularly when the unsafe condition has immediate safety implications. Operators of affected aircraft must act promptly to address the identified safety issues, ensuring that their aircraft meet the requirements set out in the relevant ADs.
The Civil Aviation Act 1988 and the Civil Aviation (Airworthiness) Regulations 1998 outline potential penalties for non-compliance with airworthiness directives. Breaches of these regulations can result in civil and criminal consequences, including fines and imprisonment. The specific penalties depend on the nature and severity of the non-compliance. For instance, under section 94 of the Act, CASA has the authority to issue fines for non-compliance with ADs, and in severe cases, individuals or entities may face criminal charges, leading to imprisonment. The exact penalties are determined by the courts based on the circumstances of each case, but they serve as a deterrent to ensure adherence to safety regulations.