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 has issued AD 2006-0338 affecting Eurocopter AS 355 N model aircraft. EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/AS 355/92, which will become effective on 15 February 2007.
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, enacted by the Commonwealth Parliament, aims to ensure the safety of air navigation and to establish the legal framework governing civil aviation in Australia. This Act empowers the Governor-General to create regulations in the interest of aviation safety, delegating authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. This legislative mechanism allows CASA to mandate safety requirements for aircraft and aeronautical products, ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). The policy objective is to maintain and enhance the safety of air navigation in Australia by aligning domestic aviation practices with international obligations and standards.
Scope and Application
The Civil Aviation Act 1988 applies to the regulation of civil aviation in Australia, encompassing various entities such as aircraft operators, manufacturers, and air navigation service providers. This Act empowers the Governor-General to issue regulations for the safety of air navigation, with one such regulation being the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that mandate compliance with specific airworthiness requirements for particular types of aircraft or aeronautical products. The geographic scope of the Act is national, with CASA as Australia's civil aviation authority responsible for ensuring the continuing airworthiness of aircraft registered in Australia, in alignment with international obligations under the Convention on International Civil Aviation. The application of ADs is typically in response to directives issued by the State of Design, such as the European Aviation Safety Agency (EASA) for certain aircraft types. The Act does not require public consultation or a Regulatory Impact Statement for ADs, as they are made in response to international obligations and safety imperatives.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to create regulations for air navigation safety, with regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This regulatory framework is established to ensure that aircraft maintain their airworthiness, thereby safeguarding the safety of air navigation. These ADs, as defined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 extend to the States of Design and Registry of aircraft. Under Annex 8 of the Convention on International Civil Aviation, the State of Design, such as the European Aviation Safety Agency (EASA) in the case of the Eurocopter AS 355 N model, has the primary responsibility for the continuing airworthiness of the aircraft type. This includes providing necessary information to ensure the aircraft's airworthiness to the States of Registry. In Australia, CASA, as the national airworthiness authority, is obligated to assess the information from the State of Design and, if necessary, issue corresponding Australian ADs to enforce the requirements of the State of Design on aircraft registered within Australia.
In terms of enforcement and consequences, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly detail specific offences, penalties, or civil/criminal consequences for non-compliance with ADs. However, the overarching principle is that adherence to ADs is crucial for maintaining the safety and airworthiness of aircraft. Failure to comply with an AD could potentially lead to aircraft being deemed unairworthy, which could result in severe civil or criminal penalties, including fines and imprisonment, as stipulated under other sections of the Civil Aviation Act 1988 that deal with broader safety violations. The authority to enforce these compliance measures lies with CASA, which has the mandate to take appropriate actions against non-compliance.