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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/DAUPHIN/98 affecting Eurocopter SA360 and SA 365 series helicopters. The EASA issued AD 2009-0241-E on 5 November 2009 which supersedes the requirements of AD/DAUPHIN/98 and as such this AD has been cancelled. The EASA acts on behalf of France, the state of design for these helicopters. The cancellation will become effective on 7 November 2009.
No consultation with the Australian public has taken place on this AD cancellation. 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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, focusing primarily on ensuring the safety of air navigation. As a legislative instrument under this Act, the Civil Aviation Safety Regulations 1998 were created to support the overarching objectives of the Act by detailing specific regulatory measures, including the issuance of airworthiness directives (ADs). The ADs, as described under regulation 39.001 of the Civil Aviation Safety Regulations 1998, are a mechanism by which the Civil Aviation Safety Authority (CASA) can mandate safety requirements for particular kinds of aircraft or aeronautical products. These directives are essential in maintaining the continuing airworthiness of aircraft and ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). The enactment of this legislation and subsequent regulations aimed to address the need for a robust and internationally consistent regulatory framework to manage air safety in Australia. The ADs issued by CASA, such as the one affecting Eurocopter SA360 and SA 365 series helicopters, reflect this commitment by ensuring that Australian aircraft meet necessary safety standards.
Scope and Application
The Civil Aviation Act 1988, as amended by F2009L04134, governs the issuance of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. These ADs apply to specific kinds of aircraft or aeronautical products, ensuring the continuing airworthiness of aircraft registered within Australia. The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue such directives in line with international standards set by the International Civil Aviation Organization (ICAO). Under the Act, CASA is tasked with assessing ADs issued by the State of Design and, where necessary, issuing Australian ADs to enforce these safety measures. The geographic reach of these regulations is national, with CASA operating as Australia's primary authority for airworthiness. There are no stated exclusions or exemptions within the scope of these regulations, which apply to all aircraft registered in Australia. The application of these regulations may be extended or restricted through subordinate instruments, as permitted by the Legislative Instruments Act 2003.
Key Provisions
The Civil Aviation Act 1988, and specifically section 98, empowers the Governor-General to create regulations that contribute to the safety of air navigation. This authority is exercised through regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are detailed in subregulation 39.001(5) and are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901. In compliance with section 6 of the Legislative Instruments Act 2003, ADs are recognised as legislative instruments.
Obligations under these regulations include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This necessitates the provision of necessary information to States of Registry. For the State of Registry, the mandate is to develop or adopt requirements that ensure the ongoing airworthiness of the aircraft. In Australia, CASA assumes this role as the national airworthiness authority, and must evaluate any ADs issued by the State of Design and, if necessary, issue an Australian AD to implement the requirements of the State of Design.
The legislative framework also addresses the issuance of specific ADs, such as AD/DAUPHIN/98 for Eurocopter SA360 and SA 365 series helicopters, which was subsequently superseded by EASA AD 2009-0241-E on 5 November 2009. This newer directive, issued by the European Aviation Safety Agency (EASA) on behalf of France, the state of design for these helicopters, has led to the cancellation of the earlier AD/DAUPHIN/98. The cancellation of this AD took effect on 7 November 2009, and no consultation with the Australian public was required, as determined by the Office of Best Practice Regulation, which also concluded that a Regulatory Impact Statement was not necessary.
Any breaches of the obligations and requirements under these regulations may result in civil or criminal consequences, although specific penalties are not detailed in the provided text. The AD was made by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch on behalf of CASA, in accordance with subsection 94(1) of the Act, highlighting the procedural correctness and authority behind the issuance and cancellation of ADs.