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 French DGAC issued AD F-2002-474-058 R2, affecting Eurocopter AS365 Dauphin helicopters. France is the State of Design for this helicopter. As a result of a request from industry, CASA has amended the equivalent Australian AD. The amended AD, AD/DAUPHIN/62 Amendment 1, will become effective on 19 January 2006. 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 Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, 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 regulate civil aviation in Australia, with a strong emphasis on ensuring the safety of air navigation. In line with this objective, the Civil Aviation Safety Regulations 1998 were established, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various kinds of aircraft and aeronautical products. These ADs are critical legislative instruments designed to maintain the continuing airworthiness of aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation. When a State of Design, such as France for the Eurocopter AS365 Dauphin helicopter, issues an AD, CASA is mandated to assess and, if necessary, issue corresponding ADs for aircraft registered in Australia. This legislative framework ensures that Australian aviation standards are upheld in accordance with international best practices, thereby safeguarding the safety and integrity of Australia's civil aviation sector.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific kinds of aircraft or aeronautical products. This applies to any aircraft registered in Australia and their components, as well as any entities or individuals involved in the operation, maintenance, or manufacture of these aircraft. The ADs are a legislative instrument, as per section 46A of the Acts Interpretation Act 1901, and are subject to disallowance. The geographic scope of these regulations is national, in line with Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8, which assigns responsibility for continuing airworthiness to the State of Design. CASA, as Australia's national airworthiness authority, must ensure compliance with these ADs to maintain the safety standards of aircraft registered in Australia. While ADs are typically issued in response to international directives from the State of Design, they do not require public consultation or a Regulatory Impact Statement. The issuing of these ADs is a statutory requirement under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.
Key Provisions
The Civil Aviation Act 1988 (sections 98) empowers the Governor-General to enact regulations aimed at enhancing the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, detailed in subregulation 39.001(5), are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are considered legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. This legislative framework underscores the importance of international cooperation in ensuring aircraft safety, aligning with Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design a pivotal role in maintaining an aircraft type's airworthiness and requiring it to share necessary information with States of Registry.
Entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 bear specific obligations to ensure the continuing airworthiness of aircraft. The State of Design is tasked with the overarching responsibility for the continuing airworthiness of an aircraft type, mandated to provide any necessary information to ensure this airworthiness. Conversely, the State of Registry is charged with the responsibility of ensuring the airworthiness of individual aircraft, either by developing or adopting relevant requirements. In the case of Australia, CASA, as the national airworthiness authority, must assess information from State of Design ADs and, if deemed appropriate, issue corresponding Australian ADs to enforce the necessary requirements. This process ensures that Australian aircraft meet international safety standards.
Failure to comply with airworthiness directives can lead to significant consequences, both civil and criminal. While the specific penalties are not detailed within the provided text, it is understood that non-compliance with ADs can result in regulatory action, which may include fines or other sanctions. The seriousness of these consequences reflects the critical importance of airworthiness in maintaining the safety of air navigation. Additionally, given the legislative nature of ADs, breaches may also attract criminal penalties, reinforcing the legal obligation to adhere to these directives.
The issuing of an AD by CASA, as exemplified in the case of AD/DAUPHIN/62 Amendment 1, is a direct response to international obligations and industry requests, without necessitating public consultation. This streamlined process is deemed appropriate by the Office of Regulatory Review, which has determined that ADs do not require a Regulatory Impact Statement. The AD is issued by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A(2) of the Act. This highlights the efficiency and precision with which CASA operates to uphold the highest safety standards in Australian civil aviation.