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 EASA has issued Emergency AD 2007-0301-E affecting Eurocopter EC135 model helicopters. Europe is the State of Design for EC135 helicopter types. CASA has assessed this AD and has issued Australian AD/EC135/15 which will become effective on 17 December 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, New Technologies and Systems in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia and ensure the safety of air navigation. The Act provides the legislative framework within which the Civil Aviation Safety Regulations 1998 were established. One of the key mechanisms under this regulatory framework is the issuance of airworthiness directives (ADs), which are regulatory instruments mandated by the Act and the Regulations to ensure the safety and airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products, with these directives being subject to disallowance and classified as legislative instruments under the Legislative Instruments Act 2003. The problem addressed by this legislation includes ensuring the continuing airworthiness of aircraft by aligning with international standards as set forth in the Convention on International Civil Aviation, particularly Annex 8, which designates responsibilities for airworthiness among the State of Design and the State of Registry. The policy objective is to harmonise national regulations with international obligations and ensure public safety by maintaining high standards of airworthiness.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers CASA to issue these directives for specific kinds of aircraft or aeronautical products. These directives are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The issuance of ADs is part of Australia's obligations under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type. CASA, as the national airworthiness authority, must evaluate any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the safety requirements. This process ensures that Australian aircraft comply with international safety standards and regulations.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations that align with the Act's objectives and promote the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft or aeronautical products. The legal nature of these ADs is further clarified under subregulation 39.001(5) which designates them as disallowable instruments in accordance with section 46A of the Acts Interpretation Act 1901, and thus, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
These ADs are critical tools for ensuring the continuing airworthiness of aircraft types, a responsibility that falls on the State of Design as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to ensure the safety of aircraft types to the appropriate States of Registry. In Australia, CASA, as the national airworthiness authority, assumes the role of the State of Registry, which mandates the development or adoption of requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD, CASA must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements specified by the State of Design.
One example of this process in action involves the European Aviation Safety Agency (EASA) issuing Emergency AD 2007-0301-E for the Eurocopter EC135 model helicopters. As Europe is the State of Design for this helicopter type, CASA assessed the AD and issued Australian AD/EC135/15, effective from 17 December 2007. This AD was issued under Australia's obligations under the Convention on International Civil Aviation and in response to the EASA's AD. Consequently, no public consultation was required for this AD, and the Office of Best Practice Regulation determined that it does not necessitate a Regulatory Impact Statement.
The Manager, New Technologies and Systems in the Airworthiness Engineering Branch, on behalf of CASA, issued this AD in accordance with subsection 84A(2) of the Act. This process underscores CASA's role in enforcing airworthiness standards and ensuring the safety of civil aviation in Australia, aligning with international standards and obligations.