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 2009-0015 affecting AS332 model aircraft. The EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/S-PUMA/83, which will become effective on 12 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 Acting Manager, Airframe and 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 establish a legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency within the industry. The Act provides the legislative basis for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which are crucial for maintaining the continuing airworthiness of aircraft as mandated by the Convention on International Civil Aviation. Section 98 of the Act empowers the Governor-General to make regulations concerning air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows CASA to issue ADs for particular types of aircraft or aeronautical products. These ADs serve as a primary mechanism for states to communicate safety-related information and ensure compliance with international standards, reflecting the overarching policy objective of maintaining high safety standards in civil aviation.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. This legislation applies to entities and individuals involved in the design, manufacture, and operation of aircraft registered in Australia, as well as to the continuing airworthiness of aircraft within Australia's jurisdiction. ADs are mandated by the Act, which allows for the establishment of regulations that support the overarching goal of ensuring the safety of air navigation. These directives are considered legislative instruments and are subject to disallowance and review processes under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The application of ADs is influenced by international standards set forth in Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design and the State of Registry. In the case of aircraft designed in other countries, such as the AS332 model affected by EASA AD 2009-0015, CASA, acting as Australia's national airworthiness authority, assesses the information and issues corresponding Australian ADs, like AD/S-PUMA/83, which are effective from the specified date.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes the framework for the issuance of airworthiness directives (ADs). According to section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations for the purposes of the Act, with a focus on ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Section 39.001(5) of these Regulations further clarifies that an AD is a disallowable instrument, making it a legislative instrument under section 6 of the Legislative Instruments Act 2003. These ADs are critical for maintaining the continuing airworthiness of aircraft types, as mandated by Annex 8 to the Convention on International Civil Aviation.
The obligations under this legislation are significant for both the State of Design and the State of Registry of an aircraft. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure the type's safety. This information is typically communicated through ADs. The State of Registry, which is responsible for the individual aircraft's continuing airworthiness, must implement the requirements set forth in these ADs to maintain safety standards. In the case of Australia, CASA, as the national airworthiness authority, assesses ADs issued by other States of Design and, if necessary, issues Australian ADs to mandate these requirements. This ensures that all aircraft registered in Australia comply with international safety standards.
Failure to comply with ADs can lead to serious consequences. Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, non-compliance with an AD can result in civil or criminal penalties. The specific penalties can vary but may include fines and, in severe cases, imprisonment. The exact penalties are determined based on the severity of the non-compliance and the potential risk to public safety. It is important for all stakeholders, including aircraft operators and maintenance providers, to adhere to these directives to avoid legal repercussions and to ensure the highest safety standards in aviation.