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 2009-0060 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-12/57, which will become effective on 7 May 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 Manager, Airframes & 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 in Australia, ensuring the safety and efficiency of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were established, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft and aeronautical products. These ADs are legislative instruments that mandate safety requirements, reflecting Australia's commitment to international standards set by the Convention on International Civil Aviation. In accordance with Annex 8 of the Convention, Australia, as the State of Registry for aircraft on the Australian Register, is responsible for ensuring their continuing airworthiness, which involves adopting and enforcing ADs issued by the State of Design. The issuance of ADs is a non-consultative process as it is governed by international obligations and the need to promptly address safety concerns identified by the relevant State of Design. This legislative framework ensures that Australia meets its international commitments and maintains high safety standards in its civil aviation sector.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority granted by the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. This regulatory framework applies to all kinds of aircraft and aeronautical products registered in Australia, and the authority to issue these directives extends to mandating the requirements set forth by the State of Design, as per Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is responsible for assessing and, if necessary, issuing Australian ADs in response to directives from the State of Design, ensuring that the continuing airworthiness of aircraft is maintained in accordance with international standards. The issuance of these directives, such as the Australian AD/PC-12/57 for Pilatus PC-12 model aircraft in response to EASA's AD 2009-0060, is a direct result of Australia's commitment to international aviation safety protocols, and no public consultation or Regulatory Impact Statement is required for such measures.
Key Provisions
The Civil Aviation Act 1988, through sections such as section 98, empowers the Governor-General to create regulations that ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments under section 46A of the Acts Interpretation Act 1901 and are formal instruments created under section 6 of the Legislative Instruments Act 2003. Such directives are critical in maintaining the continuing airworthiness of aircraft, a responsibility that falls to the State of Design and the State of Registry as per Annex 8 to the Convention on International Civil Aviation.
In compliance with the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA must review and, if necessary, issue Australian ADs when a State of Design issues a directive affecting aircraft registered in Australia. For instance, the European Aviation Safety Authority (EASA) issued AD 2009-0060 concerning Pilatus PC-12 model aircraft, acting on behalf of Switzerland, the State of Design. CASA, in turn, assessed this directive and issued Australian AD/PC-12/57, which became effective on 7 May 2009. This process ensures that Australian-registered aircraft meet international safety standards.
The obligations imposed by the Civil Aviation Safety Regulations 1998 require CASA to ensure that ADs issued by other states are assessed and, if necessary, adopted as Australian ADs. This is a critical component of ensuring the continuing airworthiness of aircraft. Furthermore, these regulations mandate that such ADs be issued without public consultation and without the need for a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly outline specific penalties for non-compliance with ADs. However, general aviation safety laws and regulations could result in severe civil or criminal consequences for non-compliance. Non-compliance could lead to fines, imprisonment, or other penalties under related aviation legislation, including the Civil Aviation Act 1988, which holds individuals and organisations accountable for ensuring aircraft meet safety standards.