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 2006-0152 affecting SA 332C, C1 and L1 aircraft. EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/S-PUMA/62, Amendment 1, which will become effective on 23 November 2006. This AD cancels and replaces the previous issue.
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, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, was established to ensure the safety and efficiency of civil aviation within Australia. The Act provides a legal framework for the regulation of civil aviation activities, including the issuance of airworthiness directives to maintain the safety of aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998, under the authority of this Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. The issuance of such directives is a legislative instrument, which can be disallowed under the Acts Interpretation Act 1901. The objective of these regulations is to uphold the safety standards required under international conventions, such as Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of aircraft types. Consequently, CASA issues Australian airworthiness directives in response to directives from the relevant State of Design, ensuring compliance with both national and international aviation safety standards.
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. This regulatory framework is established pursuant to section 98 of the Civil Aviation Act 1988, with the overarching aim of ensuring the safety of air navigation. The ADs are legislative instruments as per the Legislative Instruments Act 2003, and their issuance is mandated by international obligations under Annex 8 to the Convention on International Civil Aviation. Specifically, the State of Design, such as the European Aviation Safety Agency (EASA) in this instance, is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry, including Australia. CASA, as the national airworthiness authority, must assess this information and, if deemed necessary, issue an Australian AD to enforce the requirements stipulated by the State of Design. This particular AD, issued in response to EASA's AD 2006-0152, pertains to SA 332C, C1, and L1 aircraft and becomes effective on 23 November 2006. Given the international nature of the directive and the absence of a requirement for public consultation or a Regulatory Impact Statement, CASA issued the AD under the authority of the Manager, New Technologies and Systems, in accordance with subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework for the issuance of airworthiness directives (ADs), as seen in regulation 39.001. This regulation empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, thereby ensuring compliance with safety standards (s. 98 and reg. 39.001). These directives are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and legislative scrutiny under the Legislative Instruments Act 2003 (reg. 39.001(5)).
The obligations imposed by these regulations extend to both the State of Design and the State of Registry. The State of Design, such as the European Aviation Safety Agency (EASA) in this instance, has the responsibility to maintain the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. Conversely, the State of Registry, represented by CASA in Australia, must ensure that the aircraft within its jurisdiction meet continuing airworthiness standards (Annex 8 to the Convention on International Civil Aviation). When a State of Design issues an AD, CASA is required to assess and, if necessary, issue a corresponding Australian AD to enforce the design state's requirements (Annex 8 and reg. 39.001).
The issuance of AD 2006-0152 by EASA and the subsequent Australian AD/S-PUMA/62, Amendment 1, by CASA demonstrates these obligations in practice. EASA, as the State of Design for SA 332C, C1, and L1 aircraft, issued an AD in response to identified safety concerns. CASA, as Australia's national airworthiness authority, evaluated this directive and issued its own AD, effective from 23 November 2006, which cancels and replaces the previous directive (EASA AD 2006-0152 and CASA AD/S-PUMA/62, Amendment 1). Given the international nature of the AD, no public consultation was required, and it was deemed unnecessary to prepare a Regulatory Impact Statement.
Failure to comply with the provisions of an AD can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD is an offence. The Act stipulates potential penalties, including substantial fines and imprisonment, for breaches. Specifically, section 97 of the Act outlines the potential for penalties up to $22,200 for individuals and significantly higher amounts for corporations, reflecting the gravity of ensuring air safety and compliance.