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 EASA has issued AD 2012-0018 affecting various CEAPR aircraft models. EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/ROBIN/38, Amendment 1, which will become effective on
5 February 2012. This AD cancels and replaces the previous issue.
This AD is issued because CASA considers it appropriate to do so in view of Australia’s obligations under the Convention on International Civil Aviation. No consultation of the Australian public has taken place because it is issued in response to an AD raised by the relevant State of Design. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
Compatibility with human rights and freedoms
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
The AD has been made by the Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, with a strong focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations that promote the safety of air navigation, which includes the issuance of airworthiness directives (ADs). These ADs are legislative instruments that mandate specific actions to maintain the airworthiness of aircraft, in line with international standards set by the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 further detail the procedures for issuing and implementing ADs, ensuring that Australia's national airworthiness authority, CASA, can respond appropriately to directives issued by other states, particularly those concerning the continuing airworthiness of aircraft designed in other countries. This legislative framework ensures that Australia meets its international obligations while maintaining high safety standards in its domestic aviation sector.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives are legislative instruments, which must comply with the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. When a State of Design, such as the European Aviation Safety Agency (EASA), issues an AD for a type of aircraft registered in Australia, CASA is obligated to evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements. For example, EASA's AD 2012-0018 prompted CASA to issue Australian AD/ROBIN/38, Amendment 1, effective from 5 February 2012, which supersedes the previous AD. These directives are issued in adherence to Australia's commitments under the Convention on International Civil Aviation and are not subject to public consultation or a Regulatory Impact Statement. Furthermore, the instrument is confirmed to be compatible with human rights and freedoms as recognised in international instruments, as it solely outlines technical requirements without affecting any applicable rights or freedoms.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as specified in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments under section 6 of the Legislative Instruments Act 2003. Such ADs serve to mandate requirements for the continuing airworthiness of aircraft types, ensuring compliance with safety standards as per Annex 8 to the Convention on International Civil Aviation. CASA is mandated to assess and, if necessary, issue Australian ADs that align with directives from the State of Design.
The obligations imposed by these ADs include ensuring that the aircraft or aeronautical products comply with the technical requirements set forth in the directives. The State of Registry, such as CASA for Australia, is responsible for the continuing airworthiness of individual aircraft registered within its jurisdiction. When a State of Design issues an AD, the State of Registry must evaluate the directive and implement corresponding measures to maintain the airworthiness of the affected aircraft. This process ensures that safety standards are consistently upheld across different jurisdictions.
Breach of these ADs can result in significant consequences, including civil and criminal penalties. Non-compliance with ADs may lead to enforcement actions by CASA, which can include fines, suspension of airworthiness certificates, and other regulatory measures. The specific penalties for breaches of ADs are not detailed in the text, but generally, they can be severe, reflecting the critical importance of air safety and compliance with regulatory standards. The ADs issued by CASA are intended to ensure that aircraft remain airworthy and meet the safety standards required under international conventions and domestic regulations.