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 2007-0209-E affecting Eurocopter AS 355 helicopters. France is the State is the State of Design for this type. EASA acts on behalf of France with regard to the issue of AD’s. As a result CASA has amended the equivalent Australian AD to AD/AS 355/67 Amendment 5. The amended AD will become effective on 12 November 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting Manager, Systems in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish and regulate the framework for civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. Under the Act, the Governor-General is empowered to make regulations for the purposes of the Act, particularly with a focus on maintaining the safety of air navigation. The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. The objective of these ADs is to address safety concerns and maintain the continuing airworthiness of aircraft, in alignment with Australia's obligations under the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, ensures that appropriate measures are implemented in response to directives issued by the aircraft's State of Design, thereby harmonising international air safety standards with domestic regulations.
Scope and Application
The Civil Aviation Act 1988 applies to a broad range of entities and persons involved in civil aviation within Australia. The Act authorises the Governor-General to make regulations for the safety of air navigation, with the Civil Aviation Safety Regulations 1998 further detailing specific requirements and procedures. Under this framework, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, ensuring that these directives comply with international standards set by the International Civil Aviation Organization (ICAO). These ADs are legislative instruments and serve as a means to mandate the continuing airworthiness of aircraft registered in Australia. The ADs are issued in response to directives from the State of Design or other relevant authorities and are made without public consultation as they pertain to international obligations under the Convention on International Civil Aviation. This jurisdictional scope ensures that all aircraft operating within Australia adhere to the highest safety standards, as mandated by CASA.
Key Provisions
The Civil Aviation Act 1988 (Act) and the Civil Aviation Safety Regulations 1998 (Regulations) provide the legislative framework for ensuring the safety of civil aviation in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations that are in the interest of air navigation safety, and regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Importantly, an AD is considered a legislative instrument under the Legislative Instruments Act 2003 and is subject to disallowance under the Acts Interpretation Act 1901.
The issuance of ADs is part of the international framework for ensuring aircraft airworthiness. According to Annex 8 of the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry. In Australia, CASA, as the national airworthiness authority, has the responsibility to assess ADs issued by the State of Design and, if appropriate, issue equivalent Australian ADs to mandate these requirements. This process ensures that Australian aircraft meet international safety standards.
Entities governed by the Act and Regulations, including aircraft operators and manufacturers, have specific obligations when it comes to ADs. They must comply with the requirements set out in any ADs issued by CASA, which may include conducting inspections, making repairs, or implementing operational changes. Failure to comply with an AD can lead to serious safety issues, and CASA has the authority to take enforcement actions against non-compliance. Operators must also ensure that all crew members are adequately trained and informed about any ADs that apply to their aircraft.
Breach of the requirements in the ADs can lead to significant legal consequences. Civil penalties can be imposed for non-compliance, with maximum fines as outlined in the Regulations. Additionally, serious breaches can result in criminal charges, which may include imprisonment, reflecting the serious nature of ensuring air safety. CASA has the authority to suspend or revoke airworthiness certificates if it determines that an aircraft does not comply with ADs, effectively grounding the aircraft until the required actions are taken.