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 French DGAC has issued AD F-2004-023 R1 affecting SA 365 and AS 365 model helicopter. France is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/DAUPHIN/68, Amendment 1, which will become effective on 7 July 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 provide for the regulation of civil aviation, ensuring safety and efficiency in air navigation. It grants the Governor-General the authority to make regulations necessary for the safety of air navigation, as exemplified by the issuance of airworthiness directives (ADs). These directives, regulated under the Civil Aviation Safety Regulations 1998, are legislative instruments that mandate requirements to ensure the continuing airworthiness of aircraft. The Act mandates that Australia’s national airworthiness authority, CASA, must assess and, if appropriate, issue Australian ADs in response to ADs from the aircraft’s State of Design, thereby fulfilling international obligations under the Convention on International Civil Aviation. This process ensures that all aircraft registered in Australia meet international safety standards, without the need for public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, including the Civil Aviation Safety Regulations 1998, govern the issuance of airworthiness directives (ADs) in Australia. Under these legislative frameworks, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specified kinds of aircraft or aeronautical products to ensure the safety of air navigation. Such directives are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are issued in compliance with Annex 8 of the Convention on International Civil Aviation, which outlines the responsibilities of the State of Design and the State of Registry for the continuing airworthiness of aircraft. In the instance of the French DGAC issuing AD F-2004-023 R1 for the SA 365 and AS 365 model helicopters, CASA has assessed the directive and issued an Australian AD/DAUPHIN/68, Amendment 1, which replaces the previous directive and will take effect on 7 July 2005. As these ADs are issued to meet international obligations and in response to directives from the relevant State of Design, they do not require public consultation or a Regulatory Impact Statement, and have been made by CASA in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs). According to section 98 of the Act, the Governor-General has the authority to make regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and Regulations primarily focus on the safety and continuing airworthiness of aircraft. The State of Design, which is responsible for the design of the aircraft, must provide necessary information to ensure the continuing airworthiness of the aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which is responsible for the individual aircraft, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction. When an AD is issued by the State of Design, CASA, as Australia’s national airworthiness authority, must assess this information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The issuance of an AD by CASA carries specific consequences for non-compliance. Failure to comply with an AD can result in significant penalties. Under section 84A(2) of the Civil Aviation Act 1988, CASA can issue ADs in response to safety concerns. The maximum penalties for non-compliance with ADs include substantial fines and, in severe cases, imprisonment. For example, under the Civil Aviation Act, a person who contravenes a direction given under an AD may be liable to a fine not exceeding 120 penalty units for an individual and 600 penalty units for a body corporate, or imprisonment for up to two years, or both. These penalties underscore the importance of compliance with ADs to ensure the safety of air navigation.
Furthermore, the Act and Regulations outline that ADs issued in response to international obligations, such as those under the Convention on International Civil Aviation, do not require public consultation. This is because these ADs are mandated by international agreements, and the Office of Regulatory Review has determined that they do not require a Regulatory Impact Statement. This streamlined process ensures that ADs are issued in a timely manner to address safety concerns without unnecessary delays. The ADs are made by authorised personnel within CASA, such as the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, in accordance with the legislative framework provided by the Civil Aviation Act 1988.