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 Emergency AD 2009-07-53 affecting Sikorsky
S-92 helicopters. The United States is the State of Design for these helicopters. CASA has assessed this AD and has issued Australian AD/S-92/6 which will become effective on 27 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies 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 by the Australian Parliament to establish a legal framework governing civil aviation in Australia, ensuring the safety and efficiency of air navigation within the country. In line with the Act, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The objective of these regulations is to maintain the highest safety standards in accordance with the Convention on International Civil Aviation, and to mandate continuing airworthiness of aircraft registered in Australia. The ADs are considered legislative instruments, and they play a crucial role in ensuring that aircraft types meet the necessary safety standards set by the relevant State of Design. The authority to issue ADs is exercised by CASA, which acts as Australia's national airworthiness authority, and is responsible for assessing and implementing the requirements of foreign ADs, such as the Emergency AD 2009-07-53 issued by the United States FAA for Sikorsky S-92 helicopters.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish the legislative framework for issuing airworthiness directives (ADs) in Australia, applying to all aircraft and aeronautical products registered within Australia. This legislation empowers the Civil Aviation Safety Authority (CASA) to issue ADs, which are legislative instruments, for specific types of aircraft or aeronautical products in order to ensure the safety of air navigation. The ADs are issued in response to directives from the State of Design, which holds responsibility for the continuing airworthiness of an aircraft type. The State of Registry, in this case CASA, must then assess the information and issue an Australian AD if appropriate, to ensure compliance with the requirements of the State of Design. The issuance of ADs is governed by Australia's obligations under the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement. The ADs are issued by CASA on behalf of the Minister for Infrastructure and Transport, and in the case of Australian AD/S-92/6, it was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 set the framework for ensuring the safety of air navigation in Australia. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Regulations enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. An AD, as a disallowable instrument under the Acts Interpretation Act 1901, is also recognised as a legislative instrument under the Legislative Instruments Act 2003.
The obligations under these provisions include the State of Design’s responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This means that the State of Design must provide necessary information to ensure the airworthiness of an aircraft type to the relevant States of Registry. In Australia, CASA, as the national airworthiness authority, must assess the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the required airworthiness measures. The State of Registry is also tasked with developing or adopting requirements to ensure the continuing airworthiness of individual aircraft.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose several obligations on the parties involved. CASA must act promptly in assessing foreign ADs and issuing corresponding Australian ADs to maintain compliance with international standards. Additionally, the State of Registry must implement and enforce the airworthiness requirements stipulated in the ADs. Failure to comply with these obligations could lead to legal consequences, including potential civil or criminal penalties for non-compliance with airworthiness directives.
Breaches of airworthiness directives can lead to serious consequences. Under the Civil Aviation Act 1988, any failure to comply with an airworthiness directive can result in significant penalties. For instance, non-compliance with an AD can lead to the grounding of an aircraft, resulting in operational disruptions and financial penalties. The maximum penalty for contravening the ADs can include substantial fines and, in severe cases, imprisonment. Additionally, operators may face legal actions from affected parties, resulting in civil liabilities for any damages caused by non-compliance.