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 2007-0099 affecting Eurocopter AS 365 helicopters. The EASA is the State of Design for these helicopters. CASA has assessed this AD and has issued Australian AD/DAUPHIN/91 which will become effective on 7 June 2007.
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, enacted by the Commonwealth Parliament, provides the legal framework for regulating civil aviation in Australia. Its primary objective is to ensure the safety and efficiency of civil aviation operations. As part of its regulatory powers, the Act authorises the Governor-General to make regulations, including those related to the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under the Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs, which are legislative instruments, are issued to ensure the continuing airworthiness of aircraft as mandated by international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation. CASA, as the national airworthiness authority, assesses ADs issued by the State of Design and, if appropriate, issues corresponding Australian ADs. This legislative framework ensures that Australian aviation practices align with international safety standards and obligations.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, establishes a framework for ensuring the safety of air navigation, with a particular focus on the continuing airworthiness of aircraft and aeronautical products. Under this legislative framework, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are instrumental in maintaining safety standards and ensuring compliance with international obligations under the Convention on International Civil Aviation. The State of Design, which is responsible for the design of the aircraft type, issues ADs to address safety concerns, and CASA, as Australia's national airworthiness authority, must assess and, if necessary, issue corresponding Australian ADs to enforce these safety requirements. Notably, ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are subject to disallowance under the Acts Interpretation Act 1901. The scope of these directives extends to all aircraft registered in Australia, and they are mandated by Australia's commitments under international conventions. The issuance of ADs does not require public consultation or a Regulatory Impact Statement, as they are directly tied to international safety directives.
Key Provisions
The Civil Aviation Act 1988, as amended, allows the Governor-General to create regulations for the safety of air navigation under section 98 (1). The Civil Aviation Safety Regulations 1998 further detail that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products under regulation 39.001. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations under the Civil Aviation Safety Regulations 1998 mandate that CASA, as Australia's national airworthiness authority, must evaluate any ADs issued by the State of Design for aircraft types registered in Australia. If deemed necessary, CASA must then issue an Australian AD to enforce the requirements specified by the State of Design. This process is crucial to ensure the continuing airworthiness of aircraft as per Annex 8 to the Convention on International Civil Aviation. The State of Registry of an individual aircraft bears the responsibility for its ongoing airworthiness, and must implement or adopt requirements to maintain this standard.
The issuing of AD 2007-0099 by the European Aviation Safety Agency (EASA) for Eurocopter AS 365 helicopters exemplifies this regulatory framework. As the State of Design, EASA issued the AD, which CASA then assessed and converted into Australian AD/DAUPHIN/91, effective from 7 June 2007. Given that this AD is a response to international obligations and is based on an AD from the relevant State of Design, no consultation with the Australian public was required. Additionally, the Office of Regulatory Review has determined that such ADs do not necessitate a Regulatory Impact Statement. This AD was created by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in line with subsection 84A(2) of the Act.
Failure to comply with an AD can result in severe consequences. Under the Civil Aviation Act 1988, any person who contravenes an AD commits an offence. The penalties for such offences can include fines and imprisonment, with the exact penalties varying depending on the severity of the breach and the specific provisions of the Act. In addition to criminal penalties, non-compliance with ADs can also lead to civil consequences, such as the suspension or revocation of an aircraft's certificate of airworthiness. These stringent measures underscore the importance of adhering to ADs to ensure the safety of air navigation.