CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 DGAC issued AD 80-238-9(B) affecting Eurocopter Model SA 365C aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DAUPHIN/4, Amendment 5, which will become effective on 9 June 2005 . 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety of air navigation within Australia, with a focus on regulating airworthiness and the continuing airworthiness of aircraft. This legislation was introduced to address the need for a cohesive regulatory framework to oversee the aviation industry, ensuring that both national and international safety standards are met. The Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, and it provides the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) as outlined in the Civil Aviation Safety Regulations 1998. The policy objective of the Act is to maintain high safety standards in civil aviation, in alignment with international obligations, particularly those under the Convention on International Civil Aviation. The Act was passed by the Australian Parliament and remains a fundamental piece of legislation in the regulation of civil aviation in Australia.
Scope and Application
The Civil Aviation Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This power is derived from section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations in the interest of air navigation safety. Each AD, being a disallowable instrument under section 46A of the Acts Interpretation Act 1901, is considered a legislative instrument as per section 6 of the Legislative Instruments Act 2003. The application of these regulations is governed by international obligations under Annex 8 to the Convention on International Civil Aviation, which assigns responsibility for continuing airworthiness to the State of Design and mandates information sharing with the States of Registry. In Australia, CASA, as the national airworthiness authority, must evaluate any ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to ensure compliance with airworthiness standards. These ADs apply to the aircraft and aeronautical products registered in Australia and are designed to maintain safety standards as dictated by international conventions and agreements.
Key Provisions
The key provisions of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1998 concerning the issuance of airworthiness directives (ADs) are primarily found in sections 98 and 39.001 respectively. Section 98 allows the Governor-General to make regulations for the Act, empowering the Civil Aviation Safety Authority (CASA) to issue ADs under regulation 39.001. Subregulation 39.001(5) clarifies that ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901, and reviewed under the Legislative Instruments Act 2003. This framework ensures that ADs can be issued efficiently to maintain air safety standards.
The obligations imposed by the Act and the Regulations on the parties involved are significant. The State of Design has the responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry, such as Australia. CASA, as Australia’s national airworthiness authority, must assess the information provided by the State of Design and, if necessary, issue an Australian AD to mandate the required safety measures. This ensures that all aircraft registered in Australia comply with international safety standards.
Failure to comply with ADs can result in severe consequences. While specific offences and penalties for non-compliance with ADs are not detailed in the text, breaches of aviation regulations generally attract substantial penalties. These can include fines and imprisonment for individuals, as well as fines for corporations, as stipulated in other sections of the Civil Aviation Act 1988. Non-compliance with ADs can also lead to the grounding of aircraft, which has significant operational and financial implications for operators.
CASA issues ADs under its authority to enforce air safety regulations and maintain the integrity of the national aviation system. ADs are not subject to public consultation due to their international obligations and the urgent nature of safety requirements. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, streamlining the process for issuing critical safety directives. The AD in question was issued by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, ensuring that the directive is made in accordance with the legal framework established by the Act.