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, the Civil Aviation Safety Authority (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.
CASA or its predecessors issued AD/AS 355/17 affecting Eurocopter AS355 helicopters. CASA has reviewed this AD and as a result has cancelled it. The cancellation will become effective on 30 July 2009. No replacement AD is required.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. 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, Airframe and Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, governs the regulation of civil aviation to ensure safety and efficiency in the industry. This legislation provides the foundation for the issuance of regulations that maintain the safety standards of air navigation. Among these regulations, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are critical for maintaining the continuing airworthiness of aircraft types and aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003. The objective of these regulations, as per the Convention on International Civil Aviation, is to ensure that the State of Design and the State of Registry collaboratively maintain the airworthiness of aircraft, thus fulfilling Australia's international obligations and ensuring the safety of air navigation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority granted by the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. These ADs are regulatory instruments aimed at ensuring the safety of air navigation and maintaining the continuing airworthiness of aircraft, as mandated by the Convention on International Civil Aviation. The State of Design has the primary responsibility for providing information necessary for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA, must ensure that the aircraft remains airworthy. ADs are issued by most ICAO Contracting States and serve as a common form of continuing airworthiness information. AD/AS 355/17, which affected Eurocopter AS355 helicopters, has been cancelled by CASA due to Australia’s obligations under the Convention on International Civil Aviation, and no replacement AD is required. This cancellation took effect on 30 July 2009, and as it aligns with international obligations, no public consultation was conducted. Additionally, ADs do not require a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 (CASR) provide the framework for the issuance of airworthiness directives (ADs). Section 98 of the Act empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the CASR allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. It is important to note that an AD is considered a legislative instrument under subregulation 39.001(5) of the CASR, and it is subject to disallowance under section 46A of the Acts Interpretation Act 1901.
The Act and the Regulations impose specific obligations and requirements on the parties involved. The State of Design, which is the State where the aircraft is designed, must provide necessary information to ensure the continuing airworthiness of the aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which is the State where the aircraft is registered, has the responsibility to develop or adopt requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction. CASA, as the regulatory authority, issues ADs to ensure compliance with these obligations and requirements. In the case of AD/AS 355/17, which affected Eurocopter AS355 helicopters, CASA reviewed the directive and decided to cancel it, effective from 30 July 2009, without the need for a replacement AD.
Under the Act and the Regulations, there are civil and criminal consequences for non-compliance with ADs. Specifically, section 78 of the Act outlines the offences and penalties for failure to comply with an AD. The maximum penalty for an individual is generally a fine of up to 50 penalty units (approximately AUD 11,000 as of 2023), while for a body corporate, the maximum penalty can be up to 500 penalty units (approximately AUD 110,000 as of 2023). Additionally, failure to comply with an AD can result in the grounding of an aircraft, which could have severe operational and safety implications. The Act also provides for enforcement actions by CASA, including the imposition of fines and other sanctions to ensure compliance with airworthiness requirements.