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 2008-0165 affecting Eurocopter SA 365 and AS 365 model helicopters. EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DAUPHIN/86, Amendment 3, which will become effective on 11 September 2008. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, 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 legislative framework for civil aviation in Australia, addressing the need for national safety standards and regulatory oversight in the aviation sector. The Act empowers the Governor-General to make regulations in the interest of air navigation safety. One such regulation, under section 39.001 of the Civil Aviation Safety Regulations 1998, enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance and are integral to maintaining the continuing airworthiness of aircraft as mandated by international standards, particularly under Annex 8 of the Convention on International Civil Aviation. The policy objective of these regulations is to ensure the safety of air navigation by enforcing compliance with airworthiness standards that align with international obligations.
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) concerning specific types of aircraft or aeronautical products, as per regulation 39.001. These ADs, which are legislative instruments as per the Legislative Instruments Act 2003, are instrumental in ensuring the continuing airworthiness of aircraft registered in Australia, aligning with Annex 8 of the Convention on International Civil Aviation. The State of Design has the primary responsibility for an aircraft type's continuing airworthiness, and ADs serve as a primary means of communicating necessary information to the States of Registry. In the case of aircraft designed by a foreign state, such as the Eurocopter SA 365 and AS 365 model helicopters designed by France, CASA, acting as Australia's national airworthiness authority, evaluates and issues Australian ADs in response to directives from the State of Design. This particular AD, issued in response to EASA’s AD 2008-0165, was developed without public consultation as mandated by Australia's obligations under the Convention on International Civil Aviation, and no Regulatory Impact Statement was required. The AD was prepared by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for issuing airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and are classified as legislative instruments under section 6 of the Legislative Instruments Act 2003. Annex 8 to the Convention on International Civil Aviation outlines the responsibilities of the State of Design, which must ensure the continuing airworthiness of aircraft types and provide necessary information to States of Registry. The State of Registry, in turn, is responsible for the airworthiness of individual aircraft and must implement requirements to maintain this airworthiness.
The obligations imposed by these provisions include the State of Design's responsibility to issue ADs when necessary to ensure the safety of aircraft types. CASA, as Australia's national airworthiness authority, must assess these ADs and, if appropriate, issue corresponding Australian ADs to mandate the requirements for aircraft registered in Australia. This process ensures that Australian-registered aircraft meet international safety standards. In the case of the European Aviation Safety Authority's AD 2008-0165, CASA has assessed the directive and issued Australian AD/DAUPHIN/86, Amendment 3, to enforce the required safety measures for the affected Eurocopter SA 365 and AS 365 model helicopters.
Failing to comply with the requirements set out in an AD can have serious consequences. Non-compliance with an AD may result in the aircraft being deemed unairworthy, leading to grounding and potential legal action against both the aircraft operator and the owner. Under section 84A of the Civil Aviation Act 1988, CASA may impose administrative penalties for non-compliance with ADs. The maximum penalty for a corporation is a fine of up to 500 penalty units ($99,500 as of 2023), while for an individual, the maximum penalty is a fine of up to 50 penalty units ($9,950 as of 2023). Additionally, non-compliance with ADs can lead to criminal charges under section 84B of the Act, with potential imprisonment for up to five years. These penalties underscore the importance of adhering to ADs to ensure the safety of air navigation.