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 2009-0072 R1 affecting PZL 104 Wilga model aircraft. EASA acts on behalf of Poland, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/WILGA/5, which will become effective on 27 August 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 Initial Airworthiness in the Airworthiness and Engineering Branch, 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 framework governing civil aviation in Australia, ensuring the safety, efficiency, and orderly development of civil aviation. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, as demonstrated by the Civil Aviation Safety Regulations 1998. Regulation 39.001 of these regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This legislation is designed to meet Australia's obligations under the Convention on International Civil Aviation and ensures that appropriate measures are taken to maintain the continuing airworthiness of aircraft registered in Australia. The ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are issued in response to international directives, such as the one issued by the European Aviation Safety Authority concerning the PZL 104 Wilga model aircraft, reflecting Australia's commitment to international safety standards.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). This legislation applies to aircraft and aeronautical products registered in Australia, as well as to the entities responsible for their maintenance and operation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific types of aircraft or aeronautical products, making them legislative instruments under the Legislative Instruments Act 2003. These directives are essential for ensuring the continuing airworthiness of aircraft and are issued in accordance with international obligations under the Convention on International Civil Aviation, specifically Annex 8, which places responsibility on the State of Design for the continuing airworthiness of an aircraft type. CASA, as Australia's national airworthiness authority, must assess and implement these international ADs, ensuring they are effectively enforced within the Australian jurisdiction. The issuance of ADs does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 address the issuance of airworthiness directives (ADs). According to section 98 of the Act, the Governor-General has the authority to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Section 39.001(5) further clarifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they are legislative instruments as defined by section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations require CASA to take several actions when an AD is issued by the State of Design. Under Annex 8 of the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, including providing necessary information to States of Registry. The State of Registry, in turn, must ensure the continuing airworthiness of individual aircraft by developing or adopting appropriate requirements. When the State of Design issues an AD, CASA must assess the information and, if deemed necessary, issue a corresponding Australian AD to mandate the requirements of the State of Design.
The consequences for non-compliance with ADs are significant. Failure to adhere to an AD can result in serious safety risks, potentially leading to civil or criminal penalties. The Civil Aviation Act 1988 and associated regulations do not specify exact penalties for non-compliance with ADs; however, non-compliance with aviation safety regulations generally can lead to enforcement actions by CASA, including fines, suspension or revocation of aircraft certificates, and other administrative or legal consequences. The severity of penalties can vary depending on the nature and extent of the non-compliance.