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 UF-2005-036 affecting Eurocopter SA 365 and SA 360 model helicopters. France is the State of Design for these models. CASA has assessed this AD and has issued Australian AD/DAUPHIN/78, which will become effective on 23 February 2005.
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 - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, addresses the need for comprehensive regulation of civil aviation to ensure the safety of air navigation within Australia. Under this Act, the Governor-General has the authority to make regulations for the purposes of the Act, with a primary focus on enhancing aviation safety. The Civil Aviation Safety Regulations 1998, which are subordinate legislation made under the Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs serve as a means to ensure the continuing airworthiness of aircraft and are mandated by international aviation standards as outlined in Annex 8 to the Convention on International Civil Aviation. Consequently, CASA, as Australia’s national airworthiness authority, is required to issue corresponding ADs when necessary, based on information provided by the State of Design or other contracting states.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Regulations 1998, provides the legal framework under which airworthiness directives (ADs) are issued to ensure the safety of air navigation in Australia. Specifically, section 98 of the Act allows the Governor-General to make regulations in the interests of safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for certain types of aircraft or aeronautical products. These ADs, being legislative instruments, are subject to disallowance under the Acts Interpretation Act 1901 and legislative oversight as per the Legislative Instruments Act 2003. The application of these ADs is not limited by geographic jurisdiction within Australia but is necessitated by international obligations under the Convention on International Civil Aviation, particularly through Annex 8 which outlines the responsibilities of States of Design and States of Registry in maintaining aircraft airworthiness. The issuance of an AD by the State of Design, such as the French DGAC in this case, triggers the need for CASA to issue a corresponding Australian AD to ensure compliance with international standards. This process ensures that the ADs issued by CASA apply to all aircraft registered in Australia and are effective in maintaining the safety standards required by both national and international aviation authorities.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are central to the regulation of airworthiness directives (ADs) in Australia. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Importantly, under subregulation 39.001(5), ADs are considered disallowable instruments, meaning they can be disallowed by Parliament, and they are legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations placed on parties by these provisions include a duty on the State of Design to ensure the continuing airworthiness of an aircraft type and to provide necessary information to the appropriate State of Registry. The State of Registry, which for Australian aircraft is represented by CASA, must then assess this information and, if necessary, issue an AD to mandate the requirements of the State of Design. This ensures that all aircraft registered in Australia meet the necessary safety standards as set out by the international Convention on International Civil Aviation (Annex 8).
Non-compliance with ADs can have serious legal and safety implications. While the specific offences, penalties, and consequences for breach are not detailed in the provided text, it is known that ADs are critical for maintaining airworthiness. Failure to comply with an AD can result in the grounding of affected aircraft, enforcement actions by CASA, and potentially, civil or criminal penalties under the broader framework of the Civil Aviation Act and other related legislation. Such penalties can include fines, imprisonment, or both, depending on the severity and intent behind the breach.
In the specific case of AD/DAUPHIN/78, issued in response to French AD UF-2005-036 for Eurocopter SA 365 and SA 360 model helicopters, CASA has acted in accordance with its obligations under the Civil Aviation Act and the Convention on International Civil Aviation. This AD, which became effective on 23 February 2005, was issued without public consultation due to its international mandate and was determined not to require a Regulatory Impact Statement by the Office of Regulatory Review. It was made by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act.