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 2006-0098 affecting Eurocopter AS 365 and SA 365 Dauphin model helicopters. EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/DAUPHIN/69, Amendment 1, which will become effective on 31 August 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, Airframes 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 Parliament of Australia, provides the legislative framework for civil aviation in the country. One of its key objectives is to ensure the safety of air navigation, which is further detailed in the Civil Aviation Safety Regulations 1998. Specifically, section 98 of the Act empowers the Governor-General to make regulations that support this objective. The Regulations include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to address safety issues related to aircraft and aeronautical products. These ADs are mandated by the State of Design's responsibility under Annex 8 to the Convention on International Civil Aviation, which necessitates the provision of continuing airworthiness information to States of Registry. CASA, as Australia’s national airworthiness authority, evaluates this information and issues corresponding ADs as required, ensuring compliance with international standards and obligations.
Scope and Application
The Civil Aviation (Airworthiness) Amendment (Airworthiness Directives) Instrument 2006 (F2006L02486) applies to the regulation of aircraft and aeronautical products within Australia, ensuring that they meet specific airworthiness standards as mandated by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. This legislation specifically pertains to airworthiness directives (ADs), which are regulatory instruments issued to address safety concerns or deficiencies identified in aircraft or aeronautical products. The ADs are issued by the Civil Aviation Safety Authority (CASA) and are applicable to any person or entity involved in the operation, maintenance, or certification of aircraft within Australia, including aircraft manufacturers, operators, and maintenance providers. The geographic and jurisdictional reach of this Act is national, as it is enforced across all states and territories within Australia in accordance with international obligations under the Convention on International Civil Aviation. The ADs are also issued in response to directives from the State of Design, meaning they apply to aircraft types designed within specific countries, in this case, the Eurocopter AS 365 and SA 365 Dauphin model helicopters designed by France. This particular AD extends the application of international safety regulations to Australian aircraft, thereby ensuring consistency and compliance with global aviation safety standards.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 relevant to the issuance of airworthiness directives (ADs) include section 98 of the Act (subsection 98(2)) which allows the Governor-General to make regulations for 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 types of aircraft or aeronautical products. This regulatory power is further detailed in subregulation 39.001(5), which designates ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and hence as legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions on CASA include the assessment and, if deemed necessary, the issuance of Australian ADs when a State of Design issues an AD affecting aircraft on the Australian Register. This ensures that Australian aircraft meet the international standards set forth by the State of Design. The State of Registry, which in Australia is CASA, must ensure the continuing airworthiness of the aircraft on the register. This involves developing or adopting requirements to ensure that the aircraft meet necessary safety standards. CASA must also comply with the obligations under Annex 8 to the Convention on International Civil Aviation, ensuring that the State of Design provides all necessary information to maintain the continuing airworthiness of aircraft types.
Breach of the requirements set out in these ADs can lead to significant consequences. Failure to comply with an AD can result in the grounding of affected aircraft, which can have severe operational and financial implications for operators. Civil and criminal penalties may apply, depending on the severity and intent of the non-compliance. Under the Civil Aviation Act 1988, the maximum penalty for non-compliance with an AD can include substantial fines and, in some cases, imprisonment. The precise penalties depend on the nature of the violation, with more severe penalties reserved for wilful or negligent breaches that endanger safety.