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-2005-085 affecting Eurocopter SA 365 and AS 365 model helicopters. France is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/DAUPHIN/79, which will become effective on 27 May 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 - 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, enacted by the Commonwealth Parliament, serves to regulate civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. This legislation empowers the Governor-General to create regulations that are in the interests of aviation safety, and under section 98, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products through regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives, as specified in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and are therefore legislative instruments as per section 6 of the Legislative Instruments Act 2003. The policy objective behind the issuance of such directives is to maintain the continuing airworthiness of aircraft, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft and aeronautical products, which are essential for maintaining safety in air navigation. These directives are issued under regulation 39.001 of the Civil Aviation Safety Regulations 1998 and are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901. The State of Design, responsible for the continuing airworthiness of aircraft types, must provide necessary information to ensure compliance, and the State of Registry is responsible for enforcing these requirements. In the case of the French DGAC issuing AD F-2005-085 for Eurocopter SA 365 and AS 365 model helicopters, CASA has assessed the information and issued Australian AD/DAUPHIN/79, which will become effective on 27 May 2005. This AD was issued due to Australia's obligations under the Convention on International Civil Aviation and in response to the AD raised by the relevant State of Design, and therefore, no public consultation was conducted. 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.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Regulations 1998 lay out the framework for issuing airworthiness directives (ADs) to ensure the safety of air navigation. Specifically, under section 98 of the Act, the Governor-General has the authority to make regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments as per section 46A of the Acts Interpretation Act 1901, and thus are legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations of the State of Design and the State of Registry are central to the issuance of ADs. According to Annex 8 of the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure its airworthiness to the relevant States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must assess the information and, if appropriate, issue an Australian AD to enforce the requirements stipulated by the State of Design.
The AD issued by France regarding the Eurocopter SA 365 and AS 365 model helicopters serves as a pertinent example. As the State of Design, France issued AD F-2005-085, which CASA assessed and subsequently issued as Australian AD/DAUPHIN/79. This AD will become effective on 27 May 2005. Given that this AD arises from Australia's obligations under the Convention on International Civil Aviation and is in direct response to an AD issued by the relevant State of Design, no consultation with the Australian public has been deemed necessary. Moreover, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. This particular AD was made by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
In terms of enforcement, breaches of ADs can lead to significant civil and criminal consequences. Non-compliance with ADs can result in the grounding of the aircraft, fines, and potential criminal charges. The maximum penalties for such offences are substantial, reflecting the serious nature of ensuring airworthiness and public safety. CASA has the authority to impose these penalties, and failure to comply with ADs can severely impact the operations of aviation entities.