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 2008-0080 affecting Sicma Aero Seat seats. EASA acts on behalf of France, the State of Design for this equipment. CASA has assessed this AD and has issued Australian AD/SEATS/29, which will become effective on 03 July 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 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 provide a comprehensive legal framework for the regulation of civil aviation in Australia, with a strong emphasis on safety and the proper management of air navigation. Under this Act, the Governor-General is empowered to create regulations aimed at ensuring the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under section 98 of the Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as legislative instruments, are subject to disallowance and must comply with the Legislative Instruments Act 2003. The ADs are integral to maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry, in accordance with Annex 8 of the Convention on International Civil Aviation. CASA, acting as Australia's national airworthiness authority, ensures compliance with international standards by issuing corresponding ADs when necessary, such as the Australian AD/SEATS/29 in response to EASA's AD 2008-0080 concerning Sicma Aero Seat seats.
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 specific types of aircraft or aeronautical products, ensuring the safety of air navigation as outlined in the Civil Aviation Act 1988. These directives, which are considered legislative instruments under the Legislative Instruments Act 2003, mandate compliance with continuing airworthiness requirements as per Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA for Australia, is responsible for ensuring the ongoing airworthiness of registered aircraft, and must issue national ADs when a State of Design, such as France for the EASA-issued AD 2008-0080 concerning Sicma Aero Seat seats, issues directives relevant to aircraft on the Australian Register. The ADs become effective without public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation, and are issued by CASA in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. Section 98 of the Act empowers the Governor-General to make regulations to further the Act's objectives, including the safety of air navigation. Regulation 39.001 specifically authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives are designed to maintain or restore airworthiness, ensuring that aircraft continue to meet the safety standards set by the State of Design and the State of Registry.
An airworthiness directive, as detailed in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument as defined by the Legislative Instruments Act 2003. This means that while ADs have the force of law, they are subject to disallowance by Parliament. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to ensure that aircraft remain airworthy. This includes issuing ADs, which are typically adopted by States of Registry to ensure compliance with international safety standards.
The State of Registry, in this case CASA acting on behalf of Australia, is tasked with implementing and enforcing the ADs issued by the State of Design. When a State of Design issues an AD, CASA must evaluate the information and, if necessary, issue a corresponding Australian AD to mandate the compliance requirements. For example, the European Aviation Safety Authority (EASA) issued AD 2008-0080 concerning Sicma Aero Seat seats, which CASA assessed and subsequently issued as Australian AD/SEATS/29, effective from 03 July 2008. This process reflects Australia's commitment to international standards as outlined in the Convention on International Civil Aviation.
The issuance of ADs is governed by specific legal obligations and requirements. CASA, as the national airworthiness authority, must ensure that all ADs issued by the State of Design are assessed and, if applicable, translated into Australian ADs. This process does not typically involve public consultation as it is driven by international obligations and the need to maintain safety standards. Additionally, because ADs are considered regulatory instruments, they do not require a Regulatory Impact Statement. The Manager, Airframes in the Airworthiness Engineering Branch, issues these directives on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Failure to comply with an AD can lead to significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in both civil and criminal penalties. The severity of these penalties depends on the nature and extent of the breach. Civil penalties can include fines up to a specified maximum amount, depending on the seriousness of the breach. In more severe cases, criminal penalties may apply, potentially resulting in imprisonment. These provisions underscore the importance of adhering to ADs to maintain the high safety standards required in the aviation industry.