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 EASA has issued AD 2008-0116-E affecting Eurocopter Deutschland GmbH EC135 and EC 635 helicopters. EASA acts on behalf of Germany, the State of Design for these helicopters. CASA has assessed this AD and has issued Australian AD/EC135/17 which will become effective on 25 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 Regulatory Review 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, enacted by the Australian Parliament, was established to provide a legal framework for the regulation of civil aviation in Australia, with a strong emphasis on safety. The Act grants the Governor-General the authority to create regulations that support the Act's objectives, particularly focusing on the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under the Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, designed to ensure the continuing airworthiness of aircraft in line with international standards and to fulfil Australia’s obligations under the Convention on International Civil Aviation. The ADs are issued in response to safety concerns identified by the State of Design or other contracting states, and CASA's role is to assess and, if necessary, mandate these requirements within the Australian context. This legislative framework ensures that the safety standards for civil aviation are maintained in accordance with both national and international obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve as legislative instruments under the Acts Interpretation Act 1901 and are integral to ensuring the continuing airworthiness of aircraft registered in Australia. The ADs are issued in response to the obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, and the State of Registry, in this case CASA, must ensure compliance with the ADs issued by the State of Design. This regulation applies to all aircraft and aeronautical products registered in Australia, as well as to any entities involved in the operation, maintenance, or manufacture of such aircraft within Australian jurisdiction. The issuance of these directives is governed by international standards and does not require public consultation or a Regulatory Impact Statement, as they are mandated by international aviation agreements.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 lay the groundwork for the regulation of civil aviation safety in Australia. Specifically, section 98 of the Act empowers the Governor-General to create regulations that ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further stipulates that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are formal instruments designed to maintain the airworthiness of aircraft by mandating specific actions or inspections.
Under these regulations, CASA has the authority to issue ADs in response to directives from the State of Design, which is responsible for the ongoing airworthiness of an aircraft type according to Annex 8 to the Convention on International Civil Aviation. When a State of Design, such as the European Union Aviation Safety Agency (EASA) for certain aircraft types, issues an AD, CASA must evaluate the information and, if necessary, issue a corresponding Australian AD. This ensures that the Australian aviation sector complies with international safety standards.
The obligations imposed by these directives are stringent and clear. The State of Design must provide all necessary information to ensure the continuing airworthiness of an aircraft type, and the State of Registry must implement the requirements set forth in these directives to maintain the safety standards of individual aircraft. For CASA, this involves assessing the ADs issued by the State of Design and issuing Australian ADs as required. The process is meticulous to ensure that all safety measures are effectively communicated and enforced.
Failure to comply with these directives can result in significant legal repercussions. The Civil Aviation Safety Regulations 1998 outline various penalties for non-compliance, which can include both civil and criminal sanctions. The severity of these penalties can vary, but they are intended to enforce strict adherence to airworthiness standards to maintain the highest levels of safety in the aviation industry. The maximum penalties for such violations are stipulated within the regulations and can include fines and, in severe cases, imprisonment.