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 2006-0126-E affecting AS 365 N3 model aircraft. EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/DAUPHIN/85, which will become effective on 26 May 2006.
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 framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation and operations. One of its significant provisions allows the Governor-General to make regulations in the interests of safety, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments issued by the Civil Aviation Safety Authority (CASA) to mandate safety requirements for specific types of aircraft or aeronautical products. The objective is to ensure compliance with international standards set by the International Civil Aviation Organization (ICAO) and to maintain the continuing airworthiness of aircraft registered in Australia. The ADs are often issued in response to findings by the State of Design, such as the European Aviation Safety Agency (EASA) in this case, and are implemented to meet Australia's obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are designed to ensure the safety of air navigation and are applicable to all aircraft registered in Australia. The ADs are issued in response to airworthiness concerns identified by the State of Design or in compliance with international obligations, such as those outlined in Annex 8 of the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, assesses the ADs issued by foreign authorities, such as the European Aviation Safety Agency (EASA), and issues corresponding Australian ADs when necessary. These directives are legislative instruments subject to disallowance and are created without public consultation or a Regulatory Impact Statement. They apply to all entities and individuals operating aircraft in Australia, ensuring that aircraft meet the required safety standards as mandated by international and national regulations.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for issuing airworthiness directives (ADs) as specified in section 98 of the Act (section 98). 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 (regulation 39.001). According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and are thus legislative instruments under section 6 of the Legislative Instruments Act 2003 (subregulation 39.001(5)).
Under the Convention on International Civil Aviation, the State of Design, which in this case is EASA for the AS 365 N3 model aircraft, holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure compliance with airworthiness standards (Annex 8). The State of Registry, CASA in Australia's case, must then assess this information and, if necessary, issue a corresponding AD to enforce the State of Design's requirements (Annex 8). Following this protocol, CASA issued Australian AD/DAUPHIN/85, effective from 26 May 2006, in response to AD 2006-0126-E issued by EASA (Annex 8).
Issuing this AD did not require public consultation, as it is mandated by Australia’s obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design (Annex 8). The Office of Regulatory Review has also determined that ADs do not necessitate a Regulatory Impact Statement (Annex 8). The AD was issued 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 (subsection 84A(2)).
In terms of obligations and requirements, CASA must ensure that all ADs issued are aligned with international standards and are necessary for the safety of air navigation. The AD must be disseminated to relevant stakeholders, including aircraft operators and owners, to ensure compliance. Failure to adhere to the requirements set out in an AD can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to penalties. The specific penalties may vary but can include fines and, in severe cases, the grounding of the aircraft until the required actions are taken (section 98). Additionally, operators found in breach of ADs may face civil or criminal liability, potentially leading to further financial penalties or legal action (section 98).