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 has issued AD F-2005-122 affecting Turbomeca Arrius 2F turboshaft engines fitted to Eurocopter EC120 helicopters. France is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/ARRIUS/10, which will become effective on 1 September 2005.
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, enacted by the Parliament of Australia, aims to ensure the safety and efficiency of civil aviation in Australia. This Act empowers the Governor-General to create regulations that protect air navigation safety. In line with this, the Civil Aviation Safety Regulations 1998, established under the authority of the Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft and aeronautical products. These ADs are legislative instruments, as stated in the Legislative Instruments Act 2003, and serve as a means to address continuing airworthiness concerns in accordance with international standards set by the International Civil Aviation Organization (ICAO). The policy objective behind these regulations is to uphold the highest safety standards in civil aviation by ensuring that aircraft meet the necessary requirements for safe operation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for issuing airworthiness directives (ADs) in Australia, which are legal instruments mandated to ensure the ongoing airworthiness of aircraft. The Act applies to the Australian Civil Aviation Safety Authority (CASA) as the national airworthiness authority, responsible for assessing and issuing ADs based on information from the State of Design, which in this context refers to the country responsible for designing the aircraft or aeronautical products. This legislation extends its reach to all aircraft and aeronautical products registered in Australia, ensuring that they meet the necessary safety standards as per international conventions, specifically Annex 8 to the Convention on International Civil Aviation. ADs are issued under the authority of the Governor-General and are considered legislative instruments under the Legislative Instruments Act 2003. These directives do not require public consultation or a Regulatory Impact Statement as they are based on international obligations and the expertise of the relevant State of Design. CASA issues these ADs to mandate compliance with international safety requirements, thus maintaining the safety of air navigation within Australia's jurisdiction.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes a framework for the issuance of airworthiness directives (ADs) that govern the safety and airworthiness of aircraft and aeronautical products in Australia. Section 98 of the Act empowers the Governor-General to make regulations for 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. An AD, as specified in subregulation 39.001(5), is a disallowable instrument under the Acts Interpretation Act 1901, and thus constitutes a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions require CASA to act on ADs issued by the State of Design, which is responsible for the continuing airworthiness of an aircraft type. Under Annex 8 to the Convention on International Civil Aviation, the State of Design must provide necessary information to ensure the continuing airworthiness of an aircraft type to States of Registry. In Australia, CASA must assess any AD issued by the State of Design and, if deemed necessary, issue a corresponding Australian AD to ensure compliance with the requirements. For example, in the case of the Turbomeca Arrius 2F turboshaft engines fitted to Eurocopter EC120 helicopters, France, as the State of Design, issued AD F-2005-122. CASA has assessed this AD and issued Australian AD/ARRIUS/10, effective from 1 September 2005.
The State of Registry, in this case, Australia, has the responsibility to ensure the continuing airworthiness of individual aircraft registered within its territory. This includes developing or adopting requirements that ensure the safety and airworthiness of such aircraft. The issuance of ADs by CASA is crucial to fulfilling this obligation, as it mandates specific actions or modifications required to maintain airworthiness standards. The process of issuing ADs is streamlined due to Australia's international obligations under the Convention on International Civil Aviation, and it often does not require public consultation or a Regulatory Impact Statement.
Failure to comply with an AD can result in severe consequences. CASA may take enforcement actions against any person or entity that does not comply with the requirements of an AD. The potential penalties for breach can include fines and other sanctions, which are determined in accordance with the specific regulations and the severity of the non-compliance. The maximum penalties for such breaches are set out in the Civil Aviation Act 1988 and can vary depending on the nature and extent of the violation, with the intent to ensure stringent adherence to airworthiness standards to maintain safety in civil aviation.