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 2006-0235-E affecting Eurocopter AS 355 model Helicopters. EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/AS 355/60, Amendment 1, which will become effective on 16 August 2006. 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, Airframes 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 regulate civil aviation in Australia and ensure the safety of air navigation. Under this Act, the Governor-General has the authority to make regulations that promote the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This legislation was introduced to address the need for a comprehensive framework to manage the airworthiness of aircraft and aeronautical products, ensuring compliance with international standards and obligations under the Convention on International Civil Aviation. The ADs are legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The ADs issued by CASA must align with the continuing airworthiness requirements set forth by the State of Design and the State of Registry, thus facilitating the global oversight of aircraft safety.
Scope and Application
The Civil Aviation (Airworthiness) Amendment (Airworthiness Directives) Regulations 2006, as part of the Civil Aviation Act 1988, applies to all aircraft registered in Australia and the relevant aeronautical products, ensuring compliance with airworthiness directives issued by the Civil Aviation Safety Authority (CASA). This legislation is applicable across Australia, adhering to national standards and international obligations as set out in Annex 8 to the Convention on International Civil Aviation. These regulations empower CASA to issue airworthiness directives based on assessments of directives from the State of Design, in this case, the European Aviation Safety Authority (EASA) for Eurocopter AS 355 model helicopters. The regulations do not extend to require public consultation or a Regulatory Impact Statement, as they are issued under Australia’s international commitments and in response to directives from the State of Design. The ADs are legislative instruments, disallowable under the Acts Interpretation Act 1901, and are subject to review under the Legislative Instruments Act 2003.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, particularly section 98 and regulation 39.001, establish the framework within which airworthiness directives (ADs) are issued. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 grants the Civil Aviation Safety Authority (CASA) the authority to issue ADs for specific kinds of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are classified as legislative instruments in line with section 6 of the Legislative Instruments Act 2003.
These regulations impose several obligations on CASA and other parties. CASA, as the national airworthiness authority, is mandated to assess any AD issued by the State of Design concerning aircraft types registered in Australia. If deemed appropriate, CASA must issue an Australian AD to enforce the requirements of the State of Design. The State of Registry, which in this context refers to the state where the aircraft is registered, must also develop or adopt requirements to ensure the continuing airworthiness of aircraft. Annex 8 to the Convention on International Civil Aviation further underscores the responsibilities of the State of Design and the State of Registry, emphasising the need for cooperation and information sharing between these entities to maintain airworthiness.
Failure to comply with an airworthiness directive can lead to serious legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, potentially leading to civil or criminal penalties. The specific penalties are not detailed within the regulatory text but can include fines, imprisonment, or other sanctions as determined by the relevant aviation authority. The gravity of these consequences underscores the importance of adhering to ADs to ensure the safety and airworthiness of aircraft.
In summary, the key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a robust framework for issuing and enforcing airworthiness directives. These regulations assign clear responsibilities to CASA and the States of Design and Registry, while also outlining the potential legal repercussions for non-compliance. The legislative process ensures that ADs are issued in accordance with international conventions and domestic laws, aiming to maintain the highest safety standards in civil aviation.