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 2007-0220 affecting Eurocopter AS 365 model helicopters. The EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/DAUPHIN/92, which will become effective on 25 October 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, establishes a legislative framework aimed at ensuring the safety and efficiency of civil aviation within Australia. In 1998, the Civil Aviation Safety Regulations were introduced to further refine and implement the provisions of the Act, with a particular focus on maintaining the airworthiness of aircraft. Under section 98 of the Act, the Governor-General is empowered to create regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The issuance of ADs is governed by international standards, particularly Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type. CASA, as Australia’s national airworthiness authority, is obligated to assess and, when necessary, issue Australian ADs to comply with international obligations and ensure the safe operation of aircraft registered in Australia.
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 ADs are legislative instruments that aim to ensure the safety of air navigation and comply with international standards set by the International Civil Aviation Organization (ICAO). The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to the State of Registry. The State of Registry, in this case CASA as Australia’s national airworthiness authority, is tasked with ensuring the continuing airworthiness of aircraft on the Australian Register by developing or adopting appropriate requirements. When an AD is issued by a State of Design, CASA assesses the information and, if necessary, issues an Australian AD to enforce the requirements. This process is exemplified by CASA's issuance of AD/DAUPHIN/92 in response to EASA's AD 2007-0220 for Eurocopter AS 365 model helicopters. Given that these ADs are issued under international obligations and in response to directives from the State of Design, no public consultation is required, and the Office of Best Practice Regulation has determined that such ADs do not necessitate a Regulatory Impact Statement.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 allow the Governor-General to make regulations to ensure air navigation safety (section 98) and mandate that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products (regulation 39.001). These ADs are considered disallowable instruments (subregulation 39.001(5)) and are legislative instruments in accordance with the Legislative Instruments Act 2003 (section 6). The State of Design has the primary responsibility for the continuing airworthiness of aircraft types, providing necessary information to States of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry is then responsible for ensuring the continuing airworthiness of individual aircraft, developing or adopting appropriate requirements. CASA, as Australia’s national airworthiness authority, must assess ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required measures.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on the parties and entities they govern include ensuring that the State of Design provides necessary information to the State of Registry to maintain the continuing airworthiness of aircraft types. The State of Registry must implement or adopt the necessary requirements to maintain the airworthiness of individual aircraft. CASA must evaluate ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs. These ADs must be issued in compliance with the Act and the Regulations, ensuring they meet the safety standards and requirements set forth by ICAO and relevant national legislation.
Breaches of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to civil or criminal consequences, depending on the severity and nature of the breach. The maximum penalties for violations of these regulations may include fines and imprisonment. Specific penalties are not detailed in the provided text, but generally, breaches can result in substantial fines under the Act, with potential criminal penalties for serious violations. Non-compliance with airworthiness directives can result in enforcement actions, including the grounding of non-compliant aircraft, which can have significant operational and financial repercussions for operators.