CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 Swiss FOCA has issued AD HB-2005-079 affecting Pilatus PC-12 and PC-12/45 model aircraft. Switzerland is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/PC-12/45, which will become effective on 18 February 2005.
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 Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations in the interest of aviation safety, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments under the Legislative Instruments Act 2003, designed to maintain the continuing airworthiness of aircraft types as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design, in this case, Switzerland, holds responsibility for providing necessary information to ensure airworthiness, and CASA, as Australia’s national airworthiness authority, must issue corresponding ADs for aircraft registered in Australia, such as the Australian AD/PC-12/45 for Pilatus PC-12 and PC-12/45 model aircraft. The issuance of this directive reflects Australia's commitment to international civil aviation standards and the continuous oversight of aircraft safety.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, applies to the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. The Act allows the Governor-General to make regulations for the purposes of the Act, and regulation 39.001 specifically empowers CASA to issue ADs for particular kinds of aircraft or aeronautical products. The ADs are legislative instruments and must adhere to the requirements of the Legislative Instruments Act 2003. These directives apply to the continuing airworthiness of aircraft registered in Australia and are issued in response to obligations under the Convention on International Civil Aviation, particularly when the State of Design issues an AD affecting a type of aircraft on the Australian Register. CASA, as the national airworthiness authority, must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. The issuance of these directives does not require public consultation, and a Regulatory Impact Statement is not mandated by the Office of Regulatory Review. The ADs are made by authorised CASA officials in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) (sections 98 and 39.001). Under these provisions, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs that mandate safety measures for particular types of aircraft or aeronautical products. For example, regulation 39.001(5) stipulates that ADs are considered disallowable instruments under the Acts Interpretation Act 1901 and thus legislative instruments under the Legislative Instruments Act 2003. This legal status underscores the importance of ADs in maintaining aviation safety standards.
The obligations imposed by these regulations are substantial. The State of Design is tasked with ensuring the continuing airworthiness of an aircraft type and must provide any necessary information to States of Registry (Annex 8 to the Convention on International Civil Aviation). In Australia, CASA, as the national airworthiness authority, must assess this information and, if appropriate, issue an Australian AD to enforce the State of Design’s requirements. For instance, in response to the Swiss FOCA’s AD HB-2005-079 concerning the Pilatus PC-12 and PC-12/45 models, CASA issued Australian AD/PC-12/45, effective from 18 February 2005.
Compliance with these ADs is mandatory. The State of Registry, in this case, Australia, must implement the ADs to ensure the continuing airworthiness of the aircraft on its register. Failure to comply with an AD can result in severe consequences. Although this particular AD was issued without public consultation and does not require a Regulatory Impact Statement, as determined by the Office of Regulatory Review, non-compliance could lead to enforcement actions. CASA has the authority to take measures against non-compliant aircraft, including grounding or imposing other penalties to ensure adherence to safety standards.
Under the Civil Aviation Act 1988, breaches of ADs can lead to both civil and criminal penalties. For example, CASA can issue fines and, in severe cases, prosecute individuals or companies for non-compliance. The specific penalties can vary, but they are designed to ensure that airworthiness standards are strictly enforced. Given the importance of air safety, these regulations and their enforcement mechanisms are critical to maintaining high standards of aviation safety in Australia.