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 2008-0163 affecting Pilatus PC-12 model aircraft. EASA acts on behalf of Switzerland, the State of Design for this type. CASA has assessed this AD and has issued Australian
AD/PC-12/53, which will become effective on 10 September 2008.
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, enacted by the Australian Parliament, serves to regulate civil aviation within Australia with a primary focus on safety. The Act empowers the Governor-General to create regulations that protect the safety of air navigation, ensuring that all civil aviation activities comply with stringent safety standards. One significant aspect of this legislation is the issuance of airworthiness directives (ADs), which are regulatory tools enabling the Civil Aviation Safety Authority (CASA) to mandate compliance with specific safety requirements for aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998 further outline the processes and requirements for issuing these ADs. The objective of these directives is to maintain the continuing airworthiness of aircraft, in line with international standards and obligations under the Convention on International Civil Aviation. This regulatory framework ensures that Australia adheres to its commitments under international agreements, thereby maintaining high safety standards for civil aviation.
Scope and Application
The Civil Aviation Act 1988 applies to persons, entities, and industries involved in civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. Under this Act, the Governor-General has the authority to make regulations, and one such regulation, 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are mandated by Australia's obligations under the Convention on International Civil Aviation, particularly through Annex 8, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type and requires the State of Registry to ensure the aircraft's ongoing airworthiness. In the case of international ADs, such as the European Aviation Safety Authority's AD 2008-0163 for the Pilatus PC-12 model aircraft, CASA is obligated to assess and, if necessary, issue corresponding Australian ADs. This process ensures that Australian-registered aircraft meet international safety standards without necessitating public consultation or a Regulatory Impact Statement. The ADs are issued by CASA, fulfilling its role as Australia's national airworthiness authority.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Under this provision, the Civil Aviation Safety Regulations 1998 (regulation 39.001) allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are designed to address safety issues and ensure that the aircraft or products meet the required safety standards. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments as defined in section 6 of the Legislative Instruments Act 2003.
The obligations under these regulations are primarily focused on ensuring the safety and airworthiness of aircraft. The State of Design, which is responsible for the type design of the aircraft, must provide any necessary information to ensure the continuing airworthiness of the aircraft type to the States of Registry. This is in accordance with Annex 8 to the Convention on International Civil Aviation. The State of Registry, on the other hand, must develop or adopt requirements to ensure the continuing airworthiness of the individual aircraft registered within its jurisdiction. When a State of Design issues an AD, such as the one issued by the European Aviation Safety Authority (EASA) for the Pilatus PC-12 model aircraft, CASA, as Australia’s national airworthiness authority, must assess the information and, if deemed appropriate, issue an Australian AD to enforce the requirements of the State of Design.
The Civil Aviation Safety Regulations 1998 also establish the consequences for non-compliance with airworthiness directives. Failure to comply with an AD can result in significant legal repercussions. The Civil Aviation Act 1988 (section 84A) outlines that any person who contravenes an airworthiness directive commits an offence. The maximum penalty for such an offence is substantial, reflecting the serious nature of non-compliance with safety regulations. Specifically, individuals may face fines up to $330,000, while corporations may be fined up to $1.65 million. These penalties underscore the importance of adhering to ADs to ensure the safety and airworthiness of aircraft operating within Australia.