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 EASA issued AD 2006-027 affecting EUROCOPTER AS 355 helicopters. The EASA is the State of Design for these helicopters. CASA has amended the equivalent Australian AD to AD/AS 355/67 Amendment 3 which will become effective on 23 November 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, 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 the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. One of the key mechanisms under this Act is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) as mandated by regulation 39.001 of the Civil Aviation Safety Regulations 1998. The ADs are legislative instruments that serve to maintain the continuing airworthiness of aircraft, a responsibility that rests with the State of Registry, which in Australia is CASA. This legislative framework aligns with international standards set by the International Civil Aviation Organization (ICAO) under Annex 8 of the Convention on International Civil Aviation, ensuring that Australia meets its obligations to maintain global aviation safety standards. The policy objective is to ensure that all aircraft registered in Australia meet the necessary safety standards, thereby protecting public safety and maintaining the integrity of the nation's airspace.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides a regulatory framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General is empowered to make regulations that serve the interests of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs, which are legislative instruments, are issued to ensure compliance with international standards set by the International Civil Aviation Organization (ICAO) and to mandate continuing airworthiness of aircraft registered in Australia. The authority to issue ADs extends to CASA, as Australia's national airworthiness authority, which is required to assess and, if necessary, issue Australian ADs in response to directives from the State of Design, such as the European Aviation Safety Agency (EASA) for aircraft designed in Europe. The ADs do not require public consultation or a Regulatory Impact Statement, as they are issued in response to international obligations and directives from the respective States of Design.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the regulation of airworthiness in Australia, particularly through the issuance of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifies that the Civil Aviation Safety Authority (CASA) can issue ADs for certain types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, as per subregulation 39.001(5). Such directives are essential for ensuring the continuing airworthiness of aircraft and are issued in accordance with international standards set by the International Civil Aviation Organization (ICAO).
The obligations under the Act and the Regulations are significant. The State of Design, which is responsible for the design of the aircraft, has the primary responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to the States of Registry, which are responsible for the airworthiness of individual aircraft registered within their jurisdiction. When a State of Design issues an AD, the State of Registry must adopt and implement the requirements through its own ADs. In the case of Australia, CASA, as the national airworthiness authority, must assess any ADs from the State of Design and issue corresponding Australian ADs if necessary.
Failure to comply with ADs can lead to serious consequences. Under section 84A of the Civil Aviation Act 1988, CASA can issue an AD to mandate safety requirements. Non-compliance with these directives can result in severe penalties. The Act does not specify the exact penalties for non-compliance with ADs, but in general, failure to comply with aviation regulations can result in fines and potential grounding of the aircraft. Additionally, the issuance of ADs is governed by the requirement to follow international standards and does not require public consultation, as determined by the Office of Regulatory Review, which also found that ADs do not require a Regulatory Impact Statement.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower CASA to issue ADs to ensure the safety and airworthiness of aircraft. These ADs are aligned with international standards and do not require public consultation or a Regulatory Impact Statement. Compliance with these directives is mandatory, and failure to adhere to them can result in significant penalties, including fines and the grounding of affected aircraft.