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 2008-0028-E affecting Tecnam P92-JS model aircraft. EASA acts on behalf of Italy, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/TECNAM/6, which will become effective on 10 April 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 civil aviation in Australia, ensuring safety and efficiency in air navigation. One key aspect of this legislation is the authority it grants to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. This regulatory mechanism is essential for maintaining the continuing airworthiness of aircraft, as it allows CASA to mandate requirements that address identified safety issues. The ADs are considered legislative instruments and are subject to disallowance by Parliament. In accordance with international obligations under the Convention on International Civil Aviation, CASA must respond to ADs issued by the State of Design by assessing the information and, if necessary, issuing corresponding ADs for aircraft registered in Australia. This ensures compliance with international standards and facilitates the consistent application of safety measures across different jurisdictions.
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 kinds of aircraft or aeronautical products to ensure the safety of air navigation as mandated by the Civil Aviation Act 1988. This regulatory framework applies to entities and individuals involved in the operation and maintenance of aircraft registered in Australia, as well as to the broader aviation industry. The geographic reach of this Act extends nationally, reflecting Australia's commitments under the Convention on International Civil Aviation, particularly Annex 8, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type. CASA, as Australia's national airworthiness authority, must issue corresponding Australian ADs when a State of Design issues directives that impact aircraft registered in Australia. This process ensures compliance with international standards and maintains the safety of air navigation. Additionally, while ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, no public consultation or Regulatory Impact Statement is required for their issuance, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to enact regulations for air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are subject to disallowance under the Acts Interpretation Act 1901. The ADs are integral to ensuring the continuing airworthiness of aircraft, as stipulated in Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the airworthiness of an aircraft type. This means that the country where the aircraft was designed has the primary responsibility to provide necessary information to ensure the safety and airworthiness of the aircraft type.
Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA is required to evaluate and, if necessary, issue ADs when a State of Design issues an AD affecting an aircraft registered in Australia. The State of Registry, in this case, Australia, must ensure the continuing airworthiness of the aircraft, which involves adopting or developing appropriate requirements. CASA has assessed the European Aviation Safety Authority’s (EASA) AD 2008-0028-E, which pertains to Tecnam P92-JS model aircraft, and subsequently issued Australian AD/TECNAM/6, effective from 10 April 2008. The AD is issued under Australia’s obligations under the Convention on International Civil Aviation and is a response to the AD raised by the relevant State of Design, Italy.
The process for issuing this AD did not involve public consultation as determined by the Office of Best Practice Regulation, which found that such ADs do not necessitate a Regulatory Impact Statement. The Manager, Airframes, from the Airworthiness Engineering Branch at CASA, issued the AD on behalf of CASA in compliance with subsection 84A(2) of the Act. CASA’s role is to ensure that Australian aviation remains safe and compliant with international standards.
Failure to comply with an airworthiness directive can lead to serious safety issues and legal consequences. Under the Civil Aviation Act 1988, non-compliance with ADs may result in civil penalties, including fines, or criminal charges, especially if the non-compliance leads to accidents or incidents. The severity of the penalties depends on the nature and impact of the non-compliance, with potential fines and imprisonment for serious violations. CASA has the authority to enforce compliance and can take action against operators who do not adhere to the ADs, thereby ensuring the safety and airworthiness of aircraft within Australia.