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 French DGAC has issued AD F-2005-082 affecting Eurocopter AS 355 helicopters. France is the State of Design for these helicopter models. CASA has assessed this AD and has issued Australian AD/AS 355/89 which will become effective on 13 April 2006.
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 legislative framework for civil aviation in Australia, addressing the need for a comprehensive set of laws to govern the safety, efficiency, and orderly development of civil aviation within the country. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation, reflecting the policy objective of ensuring that Australia's aviation activities are conducted with the highest regard for safety and efficiency. The Civil Aviation Safety Regulations 1998 further support this objective by providing detailed provisions on various aspects of civil aviation, including the issuance of airworthiness directives (ADs). The Civil Aviation (Issue of Airworthiness Directive) Legislative Instrument 2006, issued under section 98 of the Civil Aviation Act 1988, enables the Civil Aviation Safety Authority (CASA) to issue ADs in response to international obligations and safety concerns, ensuring the continuing airworthiness of aircraft and aeronautical products registered in Australia. This legislative instrument was created by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with the relevant legislative provisions.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, apply to the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. These regulations provide the legal framework for the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. ADs are legislative instruments that mandate compliance with continuing airworthiness requirements, often in response to ADs issued by the State of Design of an aircraft type. For instance, the French Directorate General for Civil Aviation issued AD F-2005-082 for Eurocopter AS 355 helicopters, leading CASA to issue Australian AD/AS 355/89, effective from 13 April 2006. This process underscores Australia's commitment to international civil aviation standards, particularly those set out in Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design responsibility for the continuing airworthiness of aircraft types. As such, ADs are issued without public consultation and do not require a Regulatory Impact Statement, reflecting their technical and safety-focused nature.
Key Provisions
The Civil Aviation Act 1988 allows the Governor-General to make regulations in the interests of air navigation safety, as seen in section 98. According to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. An AD is defined as a disallowable instrument under subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, and is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
Under these regulations, the State of Design holds primary responsibility for ensuring the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing necessary information to appropriate States of Registry to maintain airworthiness. States of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within their jurisdictions. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA, as the national airworthiness authority, is required to assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
The French Directorate General for Civil Aviation (DGAC) has issued AD F-2005-082 affecting Eurocopter AS 355 helicopters, with France being the State of Design for these models. CASA has reviewed this AD and has issued Australian AD/AS 355/89, which will take effect on 13 April 2006. Given Australia’s obligations under the Convention on International Civil Aviation and the AD being a response to an AD raised by the relevant State of Design, no public consultation has been conducted on this AD. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The AD was issued 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.
The AD imposes certain obligations on the parties it governs, primarily focusing on ensuring compliance with airworthiness standards. Operators of the affected aircraft must adhere to the specific requirements outlined in the AD, which may include maintenance actions, operational limitations, or other safety measures. Failure to comply with the AD can result in serious safety risks and may lead to enforcement actions by CASA. CASA is responsible for monitoring compliance and may take regulatory action against non-compliant operators, including grounding the aircraft or imposing fines. These regulatory actions are intended to ensure that all aircraft operating in Australian airspace meet the required safety standards.