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 French DGAC issued AD F-2005-146, affecting Microturbo Saphir 20 rotorcraft APU installed in Eurocopter AS332 helicopters in 2005. France is the State of Design for these APU types. As a result of a request from industry, CASA has amended the equivalent Australian AD to Amendment 1. The amended AD, AD/APU/19 Amendment 1, will become effective on 10 May 2007. This AD cancels and replaces the previous issue.
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, New Technologies and Systems, 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 provide a comprehensive legal framework for civil aviation in Australia, addressing the need for effective regulation of air safety and the aviation industry. The Act empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation, thereby establishing a robust system to manage and mitigate risks associated with civil aviation. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, further detail the requirements for maintaining airworthiness, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). This regulatory approach aligns with international standards, particularly those set by the International Civil Aviation Organization (ICAO), ensuring that Australia's aviation safety measures are consistent with global practices. The policy objective of these regulations is to enhance aviation safety by mandating specific maintenance and operational procedures that address identified risks, thereby protecting the public and maintaining the integrity of the aviation sector.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia to ensure the safety of air navigation. Pursuant to section 98 of the Act, the Governor-General has the authority to make regulations for the Act's purposes, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs serve as legislative instruments under the Legislative Instruments Act 2003, aligning with international standards set by the Convention on International Civil Aviation. The State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, must ensure the ongoing airworthiness of aircraft registered in Australia. When an AD is issued by the State of Design, CASA must assess this information and, if necessary, issue a corresponding Australian AD. The recent amendment to the Australian AD for Microturbo Saphir 20 rotorcraft APU installed in Eurocopter AS332 helicopters exemplifies this process, where CASA issued AD/APU/19 Amendment 1, effective from 10 May 2007, following a French AD. This AD does not require public consultation or a Regulatory Impact Statement, and was made under the authority of the Act by the Manager, New Technologies and Systems, within CASA.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legal framework for the issuance of airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to create regulations to ensure the safety of air navigation, while regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products (section 39.001(5)). An AD is considered a legislative instrument under the Legislative Instruments Act 2003 (section 6), and it is a disallowable instrument under the Acts Interpretation Act 1901 (section 46A).
The obligations imposed by the Civil Aviation Act and the associated Regulations are primarily concerned with maintaining the airworthiness of aircraft. The State of Design has the primary responsibility for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry (Annex 8, Convention on International Civil Aviation). The State of Registry must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft registered within its jurisdiction. In Australia, CASA, as the national airworthiness authority, is tasked with assessing information from the State of Design and issuing Australian ADs as necessary.
Failure to comply with ADs can result in significant penalties and consequences. Although the specific penalties are not detailed in the provided text, non-compliance with ADs can generally lead to enforcement actions, fines, and potential grounding of non-compliant aircraft. Such actions are taken to ensure that all aircraft operating within Australia meet the required safety standards, thus protecting public safety and maintaining the integrity of the aviation system.
CASA issued AD/APU/19 Amendment 1 in response to an AD issued by the French DGAC (AD F-2005-146) concerning Microturbo Saphir 20 rotorcraft APU installed in Eurocopter AS332 helicopters. This amendment reflects Australia’s obligations under international aviation conventions and ensures that Australian-registered aircraft meet international safety standards. Given the nature of these directives and their alignment with international obligations, no public consultation or Regulatory Impact Statement was required. The AD was made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with the provisions of the Act (subsection 84A(2)).