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 2007-0289 affecting Eurocopter AS355 series 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 355/97, which will become effective on 13 March 2008.
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 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 regulate civil aviation within Australia, aiming to ensure the safety and efficiency of air navigation and the continued airworthiness of aircraft. One of the key mechanisms through which this objective is achieved is the issuance of airworthiness directives (ADs), as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Act empowers the Governor-General to make such regulations in the interests of safety, and these directives are considered legislative instruments under the Acts Interpretation Act 1901. The Civil Aviation Safety Regulations 1998 mandate that the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products, aligning with international standards set by the International Civil Aviation Organization (ICAO). The policy objective behind these ADs is to ensure compliance with international obligations and to maintain the safety standards of aircraft registered in Australia, particularly in response to directives issued by the State of Design.
Scope and Application
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to make regulations aimed at enhancing the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are treated as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. The ADs serve to ensure the continuing airworthiness of aircraft types as mandated by Annex 8 of the Convention on International Civil Aviation, which stipulates that the State of Design has the overall responsibility for the continuing airworthiness of an aircraft type. Consequently, when a State of Design issues an AD, CASA must assess the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. The application of this legislation extends to all aircraft types registered in Australia, thereby encompassing various entities, industries, and conduct related to civil aviation. There are no exclusions or exemptions specified in the text, and the application of these regulations is broad, reaching both nationally and in compliance with international standards.
Key Provisions
The key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, particularly focusing on the issuance of airworthiness directives (ADs), involve several critical sections. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act, aiming to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) specifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore, it is a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by these regulations are multi-faceted. The State of Design, which is the country where the aircraft type was designed, has the primary responsibility for the continuing airworthiness of the aircraft type and must provide necessary information to ensure airworthiness to the States of Registry. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of aircraft. In Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This ensures that all aircraft registered in Australia comply with international safety standards.
Failure to comply with the ADs can lead to significant consequences. Under section 84A(2) of the Civil Aviation Act 1988, the Manager, Systems in the Airworthiness Engineering Branch has the authority to issue ADs on behalf of CASA. The Act does not require public consultation for ADs issued under international obligations, and such ADs do not require a Regulatory Impact Statement. However, non-compliance with the ADs can result in serious safety risks, and enforcement actions may be taken against individuals or entities that fail to adhere to the mandated airworthiness requirements. The potential civil and criminal penalties for non-compliance can be severe, depending on the nature and extent of the breach.