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 2009-0125-E affecting Eurocopter AS 265 and SA 365 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/DAUPHIN/100, which will become effective on 18 June 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 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 a legal framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation and operations. It empowers the Governor-General to make regulations to safeguard air navigation, as demonstrated by the Civil Aviation Safety Regulations 1998. Under section 98 of the Act, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified aircraft or aeronautical products to maintain the continuing airworthiness of aircraft. This legislative framework addresses the need to ensure that aircraft operating in Australia meet international safety standards and comply with the requirements set forth by the relevant State of Design and State of Registry. The ADs serve as a mechanism for disseminating critical safety information to ensure the ongoing airworthiness of aircraft within Australia, aligning with international obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and are created in compliance with the Legislative Instruments Act 2003. The application of these ADs extends to all aircraft registered in Australia and aligns with international obligations under Annex 8 to the Convention on International Civil Aviation, ensuring that States of Design and States of Registry maintain and communicate airworthiness information effectively. CASA, as Australia’s national airworthiness authority, is tasked with assessing foreign ADs, such as those issued by the European Aviation Safety Agency on behalf of States of Design, and issuing corresponding Australian ADs when necessary. This process underscores Australia’s commitment to international safety standards and ensures that ADs are implemented without the need for public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to establish regulations for the Act, particularly focusing on the safety of air navigation. This legislative authority is exercised by the Civil Aviation Safety Regulations 1998, which under regulation 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. An AD, as defined by subregulation 39.001(5), is a disallowable instrument as per section 46A of the Acts Interpretation Act 1901, and thus, it is classified as a legislative instrument under section 6 of the Legislative Instruments Act 2003. The primary role of these directives is to ensure the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation.
Under the Civil Aviation Safety Regulations 1998, the State of Design of an aircraft has the overarching responsibility for the continuing airworthiness of the aircraft type, which includes providing necessary information to the States of Registry. The State of Registry, in turn, must establish or adopt requirements to ensure the continuing airworthiness of the aircraft registered within its jurisdiction. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements set by the State of Design. This ensures that Australian aircraft comply with international safety standards. In the case of the Eurocopter AS 265 and SA 365 model helicopters, the European Aviation Safety Authority (EASA) has issued AD 2009-0125-E, and CASA has responded with Australian AD/DAUPHIN/100, which is set to take effect on 18 June 2009.
The process of issuing ADs is rooted in Australia’s obligations under the Convention on International Civil Aviation, and consequently, the issuance of an AD in response to one from the relevant State of Design does not require consultation with the Australian public. The Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement. This streamlined process ensures that necessary safety measures are implemented promptly without unnecessary delays. The AD is issued 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 authority and responsibility are clearly defined within the regulatory framework.
Non-compliance with the airworthiness directives issued by CASA can result in significant legal consequences. Under the Civil Aviation Act 1988, failure to adhere to an AD can be considered an offence, potentially leading to enforcement actions by CASA. The Act allows for the imposition of substantial penalties, including fines and imprisonment, depending on the severity of the breach. The maximum penalties are set out within the Act, reflecting the seriousness of ensuring airworthiness to maintain safety standards. Civil and criminal penalties may be applied, depending on the circumstances and the extent of the non-compliance, highlighting the critical nature of adhering to these directives to ensure the safety of air navigation.