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 French DGAC has issued AD F-2005-175 affecting Eurocopter EC-120 model helicopters. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/EC 120/13, Amendment 1, which will become effective on 16 February 2006. 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes 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 was enacted to establish a comprehensive framework for civil aviation within Australia, ensuring safety, efficiency, and order in the use of airspace. This legislation empowers the Governor-General to create regulations in the interest of air navigation safety, with a specific focus on ensuring the airworthiness of aircraft and aeronautical products. The Act was introduced to address the need for a unified legal framework governing civil aviation activities, thereby providing a foundation for safety regulations and operational standards. The Civil Aviation Safety Regulations 1998, which fall under the purview of the Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), a crucial tool for maintaining the continuing airworthiness of aircraft, particularly in response to safety issues identified by the State of Design. The legislative process for issuing ADs, as detailed in the Act, involves CASA assessing international directives and, where necessary, issuing corresponding Australian ADs to ensure compliance and safety within Australian airspace.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia, overseen by the Civil Aviation Safety Authority (CASA). These regulations empower CASA to issue ADs for specific types of aircraft or aeronautical products, ensuring compliance with safety standards as mandated by the Act and the broader Convention on International Civil Aviation. ADs are legislative instruments, as stipulated under section 46A of the Acts Interpretation Act 1901, and are issued to maintain the continuing airworthiness of aircraft. The ADs are issued in response to directives from the State of Design, with CASA assuming the responsibility to assess and, if necessary, mandate these requirements within Australia. The geographic reach of these regulations is national, with CASA acting as the regulatory body for all aircraft registered in Australia. This AD, specifically AD/EC 120/13, Amendment 1, was issued in response to an AD by the French DGAC concerning the Eurocopter EC-120 model helicopters, reflecting Australia's adherence to international civil aviation standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for issuing airworthiness directives (ADs) to ensure the safety of air navigation. Under section 98 of the Act, the Governor-General has the authority to make regulations for the purposes of the Act and the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. These ADs are legally binding legislative instruments, as outlined in subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003. The ADs serve as a key mechanism for maintaining the continuing airworthiness of aircraft types and products as per the Convention on International Civil Aviation (Annex 8), which assigns responsibility to the State of Design for the overall airworthiness of a type of aircraft and to the State of Registry for individual aircraft.
The obligations imposed by the ADs on the parties involved include the responsibility of the State of Design to provide necessary information to ensure the continuing airworthiness of aircraft types, which CASA must then assess and, if appropriate, implement in Australia. For instance, when the French Directorate General for Civil Aviation (DGAC) issued AD F-2005-175 for Eurocopter EC-120 model helicopters, CASA evaluated this directive and issued Australian AD/EC 120/13, Amendment 1, effective from 16 February 2006. This Australian AD cancels and replaces the previous issue, aligning with international standards and obligations under the Convention on International Civil Aviation.
The ADs are issued without public consultation as they pertain to Australia’s international obligations and in response to directives from the relevant State of Design. The Office of Regulatory Review has determined that such ADs do not require a Regulatory Impact Statement. The issuance of these directives is managed by CASA, specifically by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, in accordance with subsection 84A(2) of the Act. Any failure to comply with these ADs can result in severe consequences, including enforcement actions by CASA, which may include fines, suspension, or revocation of airworthiness certificates, and potential criminal charges for non-compliance with civil aviation safety regulations.