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 EASA has issued AD 2006-0258-E, affecting EUROCOPTER SA365 and AS 365 helicopters. The EASA is the State of Design for these helicopters. CASA has amended the equivalent Australian AD to AD/DAUPHIN/83 Amendment 1. The amended AD will become effective on 23 November 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, New Technologies and Systems, 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 establish a comprehensive legal framework for the regulation of civil aviation in Australia, addressing the need for a unified set of laws to govern aviation safety, operations, and related activities. The Act serves to ensure the safety and efficiency of civil aviation within Australia, aligning with international standards and obligations. The Civil Aviation Safety Regulations 1998 further operationalise these objectives by detailing specific safety requirements and regulatory processes. In particular, the issuance of airworthiness directives under this regulatory framework is crucial for maintaining the continuing airworthiness of aircraft and aeronautical products, ensuring compliance with both national and international safety standards. The Australian Civil Aviation Safety Authority (CASA), as the national airworthiness authority, plays a pivotal role in this process by issuing and enforcing these directives, which are aligned with the obligations under the Convention on International Civil Aviation. The policy objective is to harmonise Australian aviation safety regulations with international standards, ensuring that the Australian aviation industry maintains high safety standards.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, applies to the issuance of airworthiness directives (ADs) which are regulatory instruments mandated by the Australian Government through the Civil Aviation Safety Authority (CASA). These regulations apply to specific kinds of aircraft and aeronautical products, ensuring compliance with safety standards as outlined by the State of Design and the State of Registry of an aircraft. The Act allows CASA to issue ADs that are consistent with Australia’s obligations under the Convention on International Civil Aviation, particularly when the State of Design issues an AD that necessitates corresponding action in Australia. The ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, which means they can be disallowable and must be issued by an authorised person within CASA. The ADs serve to mandate safety requirements for aircraft registered in Australia, ensuring the continuing airworthiness of these aircraft. The application of these ADs is not subject to public consultation due to their international compliance nature, and they do not require a Regulatory Impact Statement as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance and implementation of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations for the purposes of the Act, specifically in the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue ADs for specified types of aircraft or aeronautical products. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions are significant for the parties and entities involved. CASA, as Australia’s national airworthiness authority, must assess information provided by the State of Design—EUROCOPTER SA365 and AS 365 helicopters in this case—and issue corresponding ADs to ensure compliance with international standards and continuing airworthiness. The State of Registry, in this instance, CASA, must develop or adopt requirements to ensure that the aircraft remain airworthy, in line with Annex 8 to the Convention on International Civil Aviation. This involves thorough evaluation and implementation of ADs issued by the relevant State of Design, ensuring that the safety standards are uniformly upheld.
Failure to comply with the ADs can lead to severe consequences. The Civil Aviation Safety Regulations 1998, in conjunction with the Civil Aviation Act 1988, outline offences and penalties for non-compliance. Violations of ADs can result in significant civil or criminal penalties. While the specific penalties are not detailed in the provided text, they typically include fines and potential imprisonment. The severity of these penalties underscores the importance of adhering to ADs to maintain the safety and integrity of air navigation. The regulatory framework thus ensures that both the State of Design and the State of Registry are held accountable for the continuing airworthiness of aircraft, safeguarding public safety and compliance with international aviation standards.