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 2009-0007 affecting Pilatus PC-12 series aeroplanes. EASA acts on behalf of Switzerland, the State of Design for this series. CASA has assessed this AD and has issued Australian
AD/PC-12/54, which will become effective on 12 March 2009.
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 Acting Manager, Airframe and Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation safety, ensuring the safe and efficient operation of aircraft within Australian airspace. This legislation empowers the Governor-General to make regulations that serve the interests of air navigation safety, including the issuance of airworthiness directives as per section 98 of the Act. The Civil Aviation Safety Regulations 1998 further operationalise this by authorising the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific aircraft types and aeronautical products, thereby ensuring that aircraft maintain their airworthiness throughout their operational life. This legislative framework is essential in fulfilling Australia's obligations under the Convention on International Civil Aviation, particularly in maintaining the continuing airworthiness of aircraft designed in other states, such as the Pilatus PC-12 series addressed by CASA in response to an EASA directive. The legislative process for such directives does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation, and is executed by CASA in accordance with the Act.
Scope and Application
The Civil Aviation Safety Regulations 1998, as part 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. These directives are legislative instruments that fall under the purview of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The authority to issue such directives stems from the international obligation of the State of Design, in this case Switzerland for the Pilatus PC-12 series, to ensure the continuing airworthiness of aircraft types. The State of Registry, which is Australia in this context, must then ensure the continuing airworthiness of aircraft registered within its jurisdiction by adopting and enforcing the ADs issued by the State of Design. The process involves CASA assessing the information provided by the State of Design and, if necessary, issuing an Australian AD to mandate compliance with the requirements specified by the State of Design. The ADs are issued in accordance with Annex 8 to the Convention on International Civil Aviation and do not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Act empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Importantly, these ADs are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
Under these provisions, CASA has the authority to issue ADs to ensure the continuing airworthiness of aircraft registered in Australia. When a State of Design, such as Switzerland for the Pilatus PC-12 series, issues an AD, CASA is obligated to assess the information and, if necessary, issue a corresponding Australian AD. This ensures that Australian-registered aircraft meet international safety standards and comply with the requirements set forth by the State of Design. The AD process is integral to maintaining the safety and airworthiness of aircraft as per Annex 8 of the Convention on International Civil Aviation.
Entities governed by these regulations, including aircraft operators, manufacturers, and maintenance organisations, must adhere to the requirements set out in the ADs. They are required to implement any mandated actions, inspections, or repairs specified in the ADs to ensure their aircraft remain airworthy. Failure to comply with an AD can lead to severe consequences, as non-compliance with these directives is taken very seriously under aviation law.
Breach of ADs can result in both civil and criminal consequences. Civil penalties may include fines, while criminal penalties can involve imprisonment. For example, under section 84A of the Civil Aviation Act 1988, an individual or entity found guilty of contravening an AD can face significant fines. In severe cases, individuals may be subject to imprisonment for up to five years. These stringent penalties underscore the importance of adhering to ADs to maintain the high safety standards expected in the aviation industry.