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.
Transport Canada has issued AD CF-88-07R2 affecting Eurocopter Canada BO 105 model helicopters. Canada is the State of Design for some BO 105s. CASA has assessed this AD and has issued Australian AD/BO 105/24, which will become effective on 27 September 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves to ensure the safety of air navigation, with a specific focus on the continuing airworthiness of aircraft. One of the Act's key mechanisms for fulfilling this objective is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, which are legislative instruments, are essential for maintaining the safety standards required under international conventions such as Annex 8 to the Convention on International Civil Aviation. Given the global nature of aviation, ADs are issued by various States of Design and Registry to ensure that aircraft maintain their airworthiness. In the case of Australia, CASA assumes the responsibility of assessing ADs issued by other states and, where necessary, issuing corresponding Australian ADs to ensure compliance with international standards and the safety of Australian-registered aircraft.
Scope and Application
The Civil Aviation Safety Regulations 1998 under the Civil Aviation Act 1988 apply to the issuance of airworthiness directives (ADs) for kinds of aircraft or aeronautical products. The Act and Regulations provide the legal framework for ensuring the safety of air navigation and the continuing airworthiness of aircraft, with the Civil Aviation Safety Authority (CASA) acting as Australia's national airworthiness authority. Specifically, regulation 39.001 empowers CASA to issue ADs in response to directives from the State of Design, which has the primary responsibility for the continuing airworthiness of aircraft types. The ADs serve as legislative instruments, designed to mandate compliance with safety standards established by the State of Design. The geographic reach of these directives is national, affecting all aircraft registered in Australia that fall within the scope of the ADs. Any exclusions or exemptions from these requirements are typically detailed within the ADs themselves, which are issued in response to specific safety concerns identified by the State of Design. The ADs do not require public consultation or a Regulatory Impact Statement, as they are directly linked to international aviation obligations and safety imperatives.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to create regulations that serve the Act's objectives and ensure the safety of air navigation. This legislative authority is exercised through the Civil Aviation Safety Regulations 1998, where regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are recognised as legislative instruments under section 6 of the Legislative Instruments Act 2003.
Under these regulations, the State of Design, which is the country where the aircraft type was designed, holds the overarching responsibility for the continuing airworthiness of the aircraft type as per Annex 8 to the Convention on International Civil Aviation. This State must provide any necessary information to the State of Registry to ensure the aircraft's continuing airworthiness. The State of Registry, which is the country where the specific aircraft is registered, is responsible for the individual aircraft's continuing airworthiness and must implement measures to maintain it. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA, as the national airworthiness authority, must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements set by the State of Design.
Transport Canada has issued AD CF-88-07R2 affecting Eurocopter Canada BO 105 model helicopters, with Canada being the State of Design for some BO 105s. CASA has reviewed this AD and issued Australian AD/BO 105/24, which will take effect on 27 September 2007. Because this AD is a response to international obligations under the Convention on International Civil Aviation and is based on an AD issued by the relevant State of Design, there has been no consultation with the Australian public regarding this directive. The Office of Best Practice Regulation has confirmed that ADs do not require a Regulatory Impact Statement.
The Manager, Airframes, from the Airworthiness Engineering Branch, has issued this AD on behalf of CASA, in compliance with subsection 84A(2) of the Civil Aviation Act 1988. This process underscores the importance of adhering to international standards and the need for prompt action to maintain the safety and airworthiness of aircraft operating within Australia.