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 2008-0204-E affecting Eurocopter AS 365 and SA 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/97 Amendment 1, which will become effective on 8 December 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 & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the safety and efficiency of civil aviation in Australia, including the regulation of air navigation and the safety of aircraft and aeronautical products. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, which are subsequently implemented by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998, which include provisions for the issuance of airworthiness directives (ADs), were created under this authority to ensure the continuing airworthiness of aircraft. These regulations recognise that the State of Design has overall responsibility for the airworthiness of an aircraft type, and mandate that States of Registry, such as Australia, must implement necessary requirements to maintain airworthiness. The ADs are considered legislative instruments and are issued to comply with international standards set by the Convention on International Civil Aviation. The issuance of ADs is a critical mechanism for ensuring safety, and CASA issues Australian ADs in response to ADs issued by States of Design, such as the recent AD issued by the European Aviation Safety Agency for Eurocopter AS 365 and SA 365 model helicopters.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products, which are intended to mandate requirements necessary for maintaining the airworthiness of these products. Such ADs are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The geographic reach of these regulations is national, aligning with Australia's obligations under the Convention on International Civil Aviation, particularly through Annex 8, which delineates the responsibilities of the State of Design and the State of Registry in maintaining an aircraft's airworthiness. When a State of Design issues an AD, CASA must assess and, if appropriate, issue a corresponding Australian AD. For instance, in response to EASA's AD 2008-0204-E for Eurocopter AS 365 and SA 365 model helicopters, CASA issued Australian AD/DAUPHIN/97 Amendment 1. Given the international context and the nature of ADs, this process does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to establish regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legal instruments that mandate certain actions to maintain the airworthiness of aircraft, and under subregulation 39.001(5), they are considered disallowable instruments as per section 46A of the Acts Interpretation Act 1901. Consequently, under section 6 of the Legislative Instruments Act 2003, ADs are classified as legislative instruments.
The Act and associated regulations impose specific obligations on various parties. Under Annex 8 to the Convention on International Civil Aviation, the State of Design—the country where the aircraft type is designed—bears the primary responsibility for the continuing airworthiness of the aircraft type. This includes providing necessary information to the States of Registry to ensure the aircraft remain airworthy. The State of Registry, on the other hand, must develop or adopt requirements to ensure the continuing airworthiness of registered aircraft within its jurisdiction. CASA, as Australia’s national airworthiness authority, has the responsibility to assess ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce these requirements.
Failure to comply with the ADs can lead to significant legal consequences. Although this particular AD was issued without public consultation and does not require a Regulatory Impact Statement, non-compliance with the mandated requirements can result in severe penalties. These penalties may include fines, suspension or revocation of the aircraft's airworthiness certificate, and potential criminal charges against the aircraft operator or responsible parties. The severity of the penalties is determined by the nature and extent of the non-compliance, with the potential for significant financial and operational repercussions for the parties involved.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for maintaining the airworthiness of aircraft through the issuance of ADs. These legal instruments, while not subject to public consultation in this instance, are critical in ensuring the safety and compliance of aircraft operations. CASA’s role in assessing and issuing corresponding ADs underscores the importance of adhering to these regulations to avoid severe legal and operational consequences.