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 Italian Ente Nazionale per L’Aviazone Civile has issued AD 2005-167 affecting Tecnam P2002 model aircraft. Italy is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/TECNAM/5, which will become effective on 30 August 2007.
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, Airframes 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 was enacted to establish a comprehensive legal framework for civil aviation in Australia, addressing various aspects of aviation safety, operations, and regulation. It was introduced to fill a critical gap by providing a cohesive set of laws that govern the safety and efficiency of air navigation in Australia. The Act was passed by the Australian Parliament, reflecting a policy objective to ensure the highest standards of aviation safety and to harmonise national regulations with international standards. In line with this objective, the Act empowers the Governor-General to make regulations necessary for the safety of air navigation, and it enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives to ensure the continuing airworthiness of aircraft in accordance with international conventions. The Act thus serves as a foundational piece of legislation that supports Australia's commitment to safe and efficient aviation practices both domestically and internationally.
Scope and Application
The Civil Aviation Act 1988 and its associated Civil Aviation Safety Regulations 1998 provide the legislative framework for the regulation of civil aviation in Australia, with specific attention to the issuance of airworthiness directives (ADs). Pursuant to section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations that serve the Act's objectives and ensure the safety of air navigation, with regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowering CASA to issue ADs for types of aircraft or aeronautical products. These ADs, classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, are further designated as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. The geographic and jurisdictional reach of these ADs is national, given that CASA, as Australia’s national airworthiness authority, is mandated to assess and issue Australian ADs in response to ADs issued by States of Design to ensure compliance with international obligations under the Convention on International Civil Aviation. This process does not involve public consultation as it is governed by international agreements and the requirements of the relevant State of Design.
Key Provisions
The key operative sections of the Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These directives are instruments under section 98 of the Civil Aviation Act 1988, created to ensure the safety of air navigation. Section 39.001(5) of the Regulations clarifies that such directives are disallowable instruments under section 46A of the Acts Interpretation Act 1901, and hence are legislative instruments as per the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Safety Regulations 1998, particularly through the issuance of ADs, require CASA to ensure that aircraft types registered in Australia meet international safety standards. This includes the responsibility of the State of Design to provide necessary information for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. CASA must assess this information and, if deemed appropriate, issue an Australian AD that enforces the requirements set by the State of Design. This process is exemplified in the case of the Tecnam P2002 model aircraft, where CASA issued AD/TECNAM/5 following the Italian AD 2005-167.
Entities governed by these regulations, including aircraft manufacturers, operators, and maintenance providers, must comply with any ADs issued by CASA. They are required to implement the specified safety measures and modifications to their aircraft within the timelines set out in the ADs. This compliance ensures that all aircraft within Australia's jurisdiction maintain the necessary safety standards and continue to be airworthy.
Failure to comply with the provisions of an AD can lead to serious legal consequences. Under section 39.003 of the Civil Aviation Safety Regulations 1998, non-compliance can result in the aircraft being deemed unairworthy, which could lead to grounding of the aircraft. For individuals, the penalties include fines of up to $165,294 or imprisonment for up to five years, or both, as per section 22 of the Civil Aviation Act 1988. For corporations, the penalties can be significantly higher, potentially reaching millions of dollars, as per the Corporations Act 2001. These stringent measures underscore the importance of adhering to the ADs to maintain the safety and integrity of the aviation industry.