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 2005-6353R1 affecting Eurocopter AS 365 and SA 365 Dauphin Helicopters. EASA acts for France, the State of Design for this type. CASA has assessed this AD and as a result has cancelled Australian AD/DAUPHIN/82. The cancellation will become effective on 28 September 2006. No replacement AD is required, as EASA has accepted an analysis which shows that the unsafe condition can be safely managed through the normal maintenance requirements of the type.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. 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 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, with the primary objective of ensuring the safety and efficiency of air navigation within the country. The Act grants the Governor-General the authority to make regulations under section 98, which are essential for maintaining air safety. This legislative power was exercised through the Civil Aviation Safety Regulations 1998, where regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and are subject to the provisions of the Legislative Instruments Act 2003. This framework ensures that CASA, as Australia's national airworthiness authority, can effectively respond to safety concerns by issuing or cancelling ADs in alignment with international standards and obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) in Australia. The Act applies to entities and persons involved in civil aviation activities within Australia, including aircraft manufacturers, operators, and maintenance organisations. The regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products to ensure the continuing airworthiness of aircraft registered in Australia. The ADs are legislative instruments that can be disallowed under the Acts Interpretation Act 1901 and are subject to the Legislative Instruments Act 2003. Internationally, Australia adheres to the standards set out in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design responsibility for the continuing airworthiness of aircraft types and mandates the provision of necessary information to States of Registry, including Australia. The State of Registry, in this case CASA, is tasked with ensuring that aircraft registered in Australia meet continuing airworthiness standards, which may include adopting or developing requirements based on ADs issued by the State of Design or other relevant authorities. This legislative framework ensures that Australian aviation entities comply with international safety standards and manage airworthiness effectively.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products (39.001). These ADs are considered legislative instruments, as stated in section 6 of the Legislative Instruments Act 2003, and can be disallowed under section 46A of the Acts Interpretation Act 1901 (39.001(5)). The authority to issue such ADs is rooted in section 98 of the Civil Aviation Act 1988, enabling the Governor-General to enact regulations that serve the interests of air navigation safety.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are primarily centred around ensuring the continuing airworthiness of aircraft. The State of Design, which is responsible for the overall airworthiness of a particular aircraft type, must provide all necessary information to the States of Registry to maintain airworthiness (Annex 8, Convention on International Civil Aviation). The States of Registry must then develop or adopt the requisite requirements to uphold the continuing airworthiness of the aircraft within their jurisdictions. When an AD is issued by a State of Design, CASA must assess this information and, if necessary, issue an Australian AD to enforce the State of Design’s requirements on the Australian Register.
Failure to comply with ADs can lead to serious consequences, both civil and criminal. The Civil Aviation Act 1988 and associated regulations mandate strict adherence to airworthiness directives to ensure the safety of air navigation. Non-compliance can result in civil penalties, including fines and other administrative sanctions, as well as criminal charges in cases where the breach leads to significant safety hazards. The exact penalties can vary depending on the severity of the non-compliance and the specific regulations breached, but they are designed to enforce stringent safety standards to protect the public and aviation personnel.