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 2006-0273 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 355/88 Amendment 1 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 framework for the regulation of civil aviation in Australia, with a strong emphasis on safety. The Act empowers the Governor-General to make regulations for the purposes of ensuring the safety of air navigation, which is a critical aspect of maintaining the integrity and reliability of Australia's aviation system. In accordance with section 98 of the Act, the Civil Aviation Safety Regulations 1998 were established to further delineate the safety standards and requirements for aircraft and aeronautical products. These regulations allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which serve as crucial tools for ensuring the ongoing airworthiness of aircraft and aeronautical products. The authority to issue these directives is grounded in the overarching policy objective of enhancing aviation safety by aligning with international standards, particularly those set forth by the Convention on International Civil Aviation. The legislative process and issuance of these directives reflect Australia's commitment to maintaining high safety standards in line with international obligations and best practices.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by the issuance of airworthiness directives (ADs) under section 98 of the Civil Aviation Act 1988, apply to all aircraft, aeronautical products, and related entities within Australia, ensuring the safety of air navigation. These regulations are applicable to both the State of Design, which has the overall responsibility for the continuing airworthiness of an aircraft type, and the State of Registry, which must ensure the continuing airworthiness of individual aircraft registered within its jurisdiction. Specifically, the ADs are issued by the Civil Aviation Safety Authority (CASA) as Australia’s national airworthiness authority, mandating compliance with the requirements set by the State of Design. In this context, when the European Aviation Safety Agency (EASA) issued AD 2006-0273 for EUROCOPTER AS 355 helicopters, CASA responded by issuing an equivalent Australian AD. The ADs are legislative instruments and do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. These regulations extend their reach nationally and align with international obligations under the Convention on International Civil Aviation.
Key Provisions
The key operative sections of this legislation concern the issuance of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifies that the Civil Aviation Safety Authority (CASA) can issue ADs for certain aircraft or aeronautical products. Furthermore, subregulation 39.001(5) clarifies that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore constitute legislative instruments as per section 6 of the Legislative Instruments Act 2003.
These regulations impose several obligations on the parties involved. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry to ensure the aircraft's continued safe operation. In this case, the European Aviation Safety Agency (EASA) is the State of Design for EUROCOPTER AS 355 helicopters and issued AD 2006-0273. CASA, as Australia's national airworthiness authority, must assess this information and, if appropriate, issue an equivalent Australian AD to mandate the requirements of the State of Design. The State of Registry, in this instance Australia, must also develop or adopt requirements to ensure the continuing airworthiness of aircraft within its registry.
The AD in question was issued under Australia's obligations under the Convention on International Civil Aviation and in response to an AD raised by the relevant State of Design. Consequently, no consultation of the Australian public has taken place, and the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The AD was 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 Civil Aviation Act 1988.
There are no specific offences, penalties, or civil/criminal consequences outlined in the text for breaching these provisions. However, failure to comply with airworthiness directives can result in severe consequences, such as grounding of the aircraft or criminal charges against the aircraft operator or owner. Penalties for non-compliance can vary depending on the nature and severity of the breach and may include fines, imprisonment, or both, as determined by the relevant aviation authority or court.