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 United States FAA has issued AD 2007-26-12 affecting Robinson R22 model rotorcraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/R22/54, which will become effective on 18 January 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 Acting 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 was enacted to establish a comprehensive regulatory framework for civil aviation in Australia, addressing the need for safety, efficiency, and regulatory oversight in the sector. This Act empowers the Governor-General to make regulations, including those concerning the safety of air navigation, and it serves to provide a legislative foundation that supports the safe and orderly development of civil aviation within Australia. The Civil Aviation Safety Regulations 1998, which were made under the authority of the Civil Aviation Act 1988, further detail the requirements for ensuring the safety of aircraft and aeronautical products, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). The introduction of these regulations and the issuance of airworthiness directives aim to align Australian aviation safety standards with international best practices and obligations, particularly under the Convention on International Civil Aviation. The policy objective is to maintain high safety standards and ensure the continuing airworthiness of aircraft registered in Australia, thereby protecting public safety and facilitating international cooperation in aviation.
Scope and Application
The Civil Aviation Act 1988, alongside the Civil Aviation Safety Regulations 1998, provides the legislative framework for the regulation of airworthiness directives (ADs) in Australia. Under the authority granted by section 98 of the Civil Aviation Act 1988, the Governor-General may issue regulations aimed at ensuring the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003 and must comply with the requirements set out in Annex 8 to the Convention on International Civil Aviation. The State of Design for an aircraft type, such as the United States for the Robinson R22 model rotorcraft, is responsible for the continuing airworthiness of that type, and must provide necessary information to the States of Registry, which in Australia is CASA. CASA is mandated to assess this information and, if necessary, issue corresponding Australian ADs to ensure compliance with international standards. The issuance of such ADs, particularly in response to those issued by the relevant State of Design, does not require public consultation, as determined by the Office of Best Practice Regulation, which also found that these ADs do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (the "Act") and the Civil Aviation Safety Regulations 1998 (the "Regulations") provide the framework under which airworthiness directives (ADs) are issued and enforced in Australia. Section 98 of the Act (1) grants the Governor-General the authority to make regulations that promote the safety of air navigation, while Regulation 39.001 (2) allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These directives are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 (3).
Under the Act and the Regulations, CASA is tasked with ensuring the continuing airworthiness of aircraft registered in Australia. When an AD is issued by the State of Design (the country where the aircraft type was designed), CASA must evaluate the directive and, if deemed necessary, issue a corresponding Australian AD. For example, the United States Federal Aviation Administration (FAA) has issued AD 2007-26-12 concerning Robinson R22 rotorcraft, and CASA has responded with Australian AD/R22/54, which will take effect on 18 January 2008 (4). Given that this AD is a response to an international obligation and a directive from the State of Design, no public consultation was required, and the Office of Best Practice Regulation has determined that such ADs do not need a Regulatory Impact Statement (5).
Entities and individuals governed by the Act and the Regulations must adhere to the requirements set out in the ADs issued by CASA. These requirements often include specific maintenance, inspection, or operational procedures that must be followed to ensure the continuing airworthiness of the aircraft. Failure to comply with these ADs can result in serious safety risks, including potential accidents or incidents that could endanger lives and property. CASA enforces these requirements through regular inspections and surveillance activities, and by taking enforcement action against non-compliant operators.
The Regulations provide for civil and criminal penalties for breaches of ADs. Section 98(1) of the Act allows CASA to issue infringement notices for breaches of the Regulations, with maximum penalties as specified in the Regulations. In more serious cases, CASA can prosecute breaches in court, where the penalties can include substantial fines and imprisonment for individuals or corporations found guilty of non-compliance. These penalties underscore the importance of adhering to ADs to ensure the safety of air navigation.