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 2008-0110-E affecting Eurocopter SA 365, AS 365 and SA 366 model helicopters. EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/DAUPHIN/97, which will become effective on 11 June 2008.
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, enacted by the Parliament of Australia, governs the regulation of civil aviation in the country, aiming to ensure the safety and efficiency of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were established to provide more detailed rules and standards necessary for the safety and airworthiness of aircraft and aeronautical products. One of the key mechanisms provided by these regulations is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments designed to address safety issues and ensure that aircraft and aeronautical products remain in a safe and airworthy condition. The ADs are a response to the international obligations under the Convention on International Civil Aviation and are often issued following directives from the State of Design of the aircraft. In this context, CASA has issued Australian AD/DAUPHIN/97, effective from 11 June 2008, in line with an AD issued by the European Aviation Safety Authority concerning Eurocopter SA 365, AS 365, and SA 366 model helicopters, fulfilling Australia’s commitments under the Convention.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes a framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General can enact regulations that are necessary for air navigation safety, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. These airworthiness directives are legislative instruments, subject to disallowance and oversight in accordance with the Legislative Instruments Act 2003. The Act and its regulations apply nationally, extending to all aircraft registered in Australia and those manufactured or designed within its jurisdiction, regardless of where they are operated. This includes both commercial and private aircraft, as well as aeronautical products used in aviation. The application of these directives is not limited to Australian territory but adheres to international standards as outlined in Annex 8 to the Convention on International Civil Aviation, ensuring harmonised safety practices globally. Specific exclusions or exemptions are not outlined in the text, but the process for issuing directives typically involves assessment and response to international airworthiness directives, particularly those issued by the State of Design. The application and scope of these regulations can be further defined or restricted through subordinate instruments issued by CASA.
Key Provisions
The key operative sections of this legislation focus on the issuance and enforcement of airworthiness directives (ADs) under section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. Section 98 empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Subregulation 39.001(5) classifies ADs as disallowable instruments under the Acts Interpretation Act 1901, thus making them legislative instruments. Additionally, Annex 8 to the Convention on International Civil Aviation mandates that the State of Design, in this case France, holds the responsibility for the continuing airworthiness of the specified helicopter types, while the State of Registry, here Australia, is tasked with implementing the ADs as necessary.
Under these provisions, CASA, as Australia’s national airworthiness authority, is obligated to review ADs issued by the State of Design and determine if they need to be adapted or mandated for aircraft registered in Australia. When CASA issues an Australian AD, it must ensure compliance with the original directive issued by the State of Design, maintaining the safety and airworthiness standards required by the Convention on International Civil Aviation. This process includes a thorough assessment of the AD’s implications and ensuring that any Australian AD issued reflects the necessary safety requirements.
Failure to comply with the requirements set forth in the ADs can lead to serious consequences. Both civil and criminal penalties may apply for non-compliance, depending on the severity of the breach. Civil penalties can include fines up to a maximum of $66,000 for individuals and $330,000 for corporations, as stipulated under the Civil Aviation Act 1988. Additionally, criminal penalties can be imposed, with potential imprisonment terms for individuals found guilty of breaching these regulations. It is crucial for all parties governed by these directives to adhere to the stipulated requirements to avoid such legal repercussions and ensure the safety of air navigation.