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 2006-0096 affecting Eurocopter AS355 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 355/84, Amendment 1, which will become effective on 31 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, enacted by the Australian Parliament, establishes the legislative framework for the regulation of civil aviation within Australia, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations, such as those outlined in the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These ADs are legislative instruments under the Legislative Instruments Act 2003 and serve as a mechanism to address safety issues concerning specific types of aircraft or aeronautical products. The issuance of ADs aligns with Australia's obligations under international conventions, such as Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design bear the responsibility for the continuing airworthiness of aircraft types and provide necessary information to States of Registry. In this context, CASA must evaluate and, if necessary, mandate the requirements of ADs issued by the relevant State of Design, such as the European Aviation Safety Agency (EASA) for Eurocopter AS355 model helicopters. The AD/AS 355/84, Amendment 1, issued by CASA on 31 August 2006, exemplifies this process by replacing previous directives and ensuring compliance with international safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby ensuring the continuing airworthiness of these aircraft. These ADs serve as legislative instruments and are issued in accordance with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to appropriate States of Registry. In the case of Australia, CASA, acting as the national airworthiness authority, must assess and, if appropriate, issue Australian ADs to enforce the requirements of the State of Design. The recent issuance of AD/AS 355/84, Amendment 1, concerning Eurocopter AS355 model helicopters, exemplifies this process following an AD by the European Aviation Safety Authority on behalf of France, the State of Design. This AD will replace the previous issue and become effective on 31 August 2006. Given that this directive is in response to international obligations and specific design state actions, no public consultation was required, and a Regulatory Impact Statement was deemed unnecessary by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to make regulations to ensure the safety of air navigation, which includes the issuance of airworthiness directives (ADs). Section 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is classified as a legislative instrument under the Legislative Instruments Act 2003 (subsection 39.001(5)).
Under the obligations outlined in Annex 8 of the Convention on International Civil Aviation, the State of Design holds overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. The State of Registry, in this case CASA, is required to assess this information and, if necessary, issue an Australian AD to enforce the requirements set by the State of Design. This ensures that the continuing airworthiness of the aircraft is maintained according to international standards.
Failure to comply with an AD can result in significant consequences. As ADs are considered legislative instruments, non-compliance may lead to civil or criminal penalties as stipulated by the relevant sections of the Civil Aviation Act 1988 and other applicable laws. The maximum penalties for such breaches can vary but are intended to enforce strict adherence to air safety regulations.
Given Australia's obligations under the Convention on International Civil Aviation and in response to ADs issued by the relevant State of Design, such as the European Aviation Safety Authority (EASA), no public consultation is required for the issuance of these directives. The Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement, streamlining the process for ensuring air safety. The Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, issues these ADs in accordance with subsection 84A(2) of the Act, ensuring that the necessary safety measures are promptly and effectively implemented.