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 2009-0029 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 355/98 Amendment 1, which will become effective on 26 February 2009. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation within Australia, ensuring the safety and efficiency of air navigation. Under section 98 of the Act, the Governor-General has the authority to make regulations that serve the interests of air navigation safety. Complementing this, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs, as specified in regulation 39.001(5), are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901. The issuing of these directives is in line with Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of aircraft types and requires them to provide necessary information to States of Registry. CASA, acting as Australia's national airworthiness authority, must evaluate such information and issue corresponding ADs to ensure compliance with international standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia, which are crucial for maintaining the continuing airworthiness of aircraft. Under the Act, the Governor-General has the authority to make regulations, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are issued in accordance with Australia's obligations under the Convention on International Civil Aviation, where the State of Design is responsible for the continuing airworthiness of an aircraft type, and the State of Registry must ensure the continuing airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, must assess ADs issued by the State of Design and may issue corresponding Australian ADs to mandate the necessary requirements. These ADs apply to aircraft registered in Australia and are intended to ensure safety and compliance with international standards.
Key Provisions
The Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, as detailed in section 98. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs, which are defined as disallowable instruments under subregulation 39.001(5), are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations of the State of Design, as per Annex 8 to the Convention on International Civil Aviation, include maintaining the continuing airworthiness of an aircraft type and providing necessary information to ensure this airworthiness to the appropriate States of Registry. In Australia, the State of Registry is responsible for ensuring the continuing airworthiness of individual aircraft, and must develop or adopt requirements to this effect. When an AD is issued by the State of Design, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This process ensures that Australian aircraft comply with international standards for safety and airworthiness.
The ADs issued by CASA in response to international directives are governed by specific provisions under the Civil Aviation Act 1988. The European Aviation Safety Authority (EASA) has issued AD 2009-0029 affecting Eurocopter AS355 model helicopters, with EASA acting on behalf of France, the State of Design. CASA has assessed this directive and issued Australian AD/AS 355/98 Amendment 1, effective from 26 February 2009. This AD cancels and replaces the previous version, ensuring that all relevant safety measures are up-to-date and uniformly applied.
The legislative framework does not require public consultation for ADs issued under Australia's obligations under the Convention on International Civil Aviation, as determined by the Office of Best Practice Regulation. Similarly, ADs do not necessitate a Regulatory Impact Statement. The AD was formulated by the Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act, ensuring that the directive aligns with statutory requirements and international safety standards.