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-2009-12 affecting Eurocopter Canada BO 105 series helicopters. Canada is the State of Design for these helicopters. CASA has assessed this AD and has issued Australian AD/BO 105/28, which will become effective on 27 August 2009.
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, Future Technology and Regulatory Trends in the Standards Development and Future Technology Division 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 in Australia, ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, with regulation 39.001 specifically enabling the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments that serve to maintain the continuing airworthiness of aircraft and aeronautical products, in line with Australia's obligations under the Convention on International Civil Aviation. When a State of Design issues an AD, CASA must assess the information and issue an Australian AD if appropriate, ensuring that the requirements of the State of Design are met within the Australian aviation system. This legislative framework ensures that Australian aircraft meet international safety standards, thereby addressing the gap in national airworthiness regulations that align with global aviation safety protocols.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, authorises the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. Specifically, under section 98 of the Act and regulation 39.001 of the Regulations, CASA has the authority to issue ADs pertaining to types of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. The ADs are designed to mandate compliance with safety standards that have been determined by the State of Design or other contracting states under Annex 8 to the Convention on International Civil Aviation. In the case of ADs issued by other states, CASA, as Australia's national airworthiness authority, is responsible for assessing and, if necessary, issuing corresponding Australian ADs. This process ensures that Australian-registered aircraft meet international safety standards and reflects Australia's commitment to international aviation safety protocols.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation. The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, further authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This regulatory framework is designed to maintain the safety and airworthiness of aircraft operating in Australian airspace.
These ADs serve as legislative instruments, as stipulated by subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, and they are also considered legislative instruments under section 6 of the Legislative Instruments Act 2003. The State of Design holds primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry to ensure the aircraft's airworthiness. The State of Registry, in turn, must implement or adopt measures to ensure that individual aircraft remain airworthy. When an AD is issued by a State of Design, CASA, as Australia’s national airworthiness authority, must review the information and, if necessary, issue an Australian AD to enforce the State of Design's requirements.
Transport Canada has issued an AD, CF-2009-12, affecting the Eurocopter Canada BO 105 series helicopters, with Canada being the State of Design. CASA has assessed this directive and issued Australian AD/BO 105/28, which will come into effect on 27 August 2009. Given that this AD is issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, there has been no consultation with the Australian public regarding this directive. Additionally, the Office of Regulatory Review has determined that such ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Future Technology and Regulatory Trends, within CASA’s Standards Development and Future Technology Division, in accordance with subsection 84A(2) of the Act. The obligations imposed by these regulations include the requirement for CASA to issue ADs based on assessments of foreign ADs issued by the State of Design, ensuring that Australian aircraft meet international safety standards. Failure to comply with these ADs may result in severe civil and criminal consequences, including potential penalties for non-compliance, which may vary depending on the nature and severity of the breach.