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 2009-0124 affecting Several Agusta, Eurocopter and Eurocopter Germany model helicopters. EASA acts on behalf of Italy, France and Germany, the States of Design for these types. CASA has assessed this AD and has issued Australian AD/SUPP/22, which will become effective on 26 June 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes & 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, enacted by the Parliament of Australia, aims to provide a comprehensive regulatory framework for the safety and efficiency of civil aviation within Australia. This Act empowers the Governor-General to establish regulations that align with the interests of air navigation safety. One such regulation, outlined in the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft and aeronautical products. These ADs are crucial for ensuring the continuing airworthiness of aircraft and are issued in accordance with international standards set by the International Civil Aviation Organization (ICAO). The issuance of ADs is a direct response to Australia’s obligations under the Convention on International Civil Aviation and reflects the need to coordinate with the States of Design and Registry to maintain consistent safety standards across the international aviation community.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that pertain to specific types of aircraft or aeronautical products to ensure their safety. These ADs apply to the continuing airworthiness of aircraft registered in Australia, which is overseen by the State of Registry, and they are mandated by the State of Design under the Convention on International Civil Aviation. This legislation thus applies to aircraft registered in Australia and the entities responsible for their maintenance and operation. Geographically, it encompasses all aircraft registered within Australia, irrespective of where they were designed or manufactured. ADs are legislative instruments that can be disallowed under the Acts Interpretation Act 1901 and are subject to the provisions of the Legislative Instruments Act 2003. Notably, ADs do not require public consultation or a Regulatory Impact Statement, reflecting their urgent nature and the reliance on international standards set by ICAO Contracting States. CASA issues these directives to align with international obligations and to ensure compliance with safety standards set by the relevant States of Design, as illustrated by the issuance of Australian AD/SUPP/22 in response to EASA's AD 2009-0124.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations necessary for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901. This means that while ADs are created as regulations, they carry the weight of legislative instruments.
The obligations imposed by these regulations on parties and entities include the requirement for the State of Design to provide information necessary for the continuing airworthiness of aircraft types. This is articulated under Annex 8 to the Convention on International Civil Aviation, where the State of Design has the primary responsibility for the ongoing airworthiness of an aircraft type. Furthermore, the State of Registry, which in the Australian context is CASA, must ensure the continuing airworthiness of aircraft registered in Australia. When a State of Design issues an AD, CASA must assess the information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design.
There are also specific consequences for non-compliance with ADs. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly state the penalties for breaches of ADs, but non-compliance can lead to serious safety issues and potential legal repercussions. Failure to adhere to an AD can result in an aircraft being deemed unairworthy, which may lead to enforcement actions by CASA. This can include fines, suspension of airworthiness certificates, and other regulatory penalties. Given the critical nature of air safety, the consequences for non-compliance can be severe and are enforced to ensure the highest standards of aviation safety are maintained.