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 2009-0207 affecting Eurocopter EC 135 AND EC 635 model helicopters. EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/EC 135/23, which will become effective on 14 October 2009.
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 Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a framework for the regulation of civil aviation in Australia, with a strong emphasis on safety. It empowers the Governor-General to make regulations to ensure the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). This Act addresses the need for a comprehensive legislative framework to manage the safety and airworthiness of aircraft operating within Australian airspace. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, further specify the procedures and requirements for ADs, which are legislative instruments that mandate specific actions to maintain the airworthiness of aircraft. These regulations are designed to align with international standards set by the International Civil Aviation Organization (ICAO) and to meet the obligations of Australia as a Contracting State to the Convention on International Civil Aviation.
In the case of the Eurocopter EC 135 and EC 635 model helicopters, the AD issued by CASA in response to the European Aviation Safety Authority's AD 2009-0207 is an example of how the Act and Regulations are applied to ensure that Australian aircraft meet international safety standards. This process underscores the importance of cooperation between States of Design and States of Registry to maintain global aviation safety. Notably, the issuing of such ADs is governed by specific provisions within the Act and does not require public consultation or a Regulatory Impact Statement, reflecting the critical and urgent nature of airworthiness directives.
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, which apply to all aircraft registered in Australia and ensure the continuing airworthiness of such aircraft. Under the Act, the Governor-General has the authority to make regulations that promote the safety of air navigation, and pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue ADs for types of aircraft or aeronautical products. The ADs are legislative instruments, as per section 6 of the Legislative Instruments Act 2003, and serve as the primary means of communicating continuing airworthiness information as mandated by Annex 8 of the Convention on International Civil Aviation. Each State of Design has the responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of individual aircraft. In instances where a State of Design issues an AD, CASA must review and, if necessary, issue an Australian AD to enforce the requirements set forth by the State of Design. This process ensures that Australian aircraft maintain the highest safety standards in accordance with international conventions and obligations.
Key Provisions
The Civil Aviation Safety Regulations 1998 (Regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. Essentially, ADs serve as critical tools in ensuring the ongoing airworthiness of aircraft and aeronautical products, aligning with the requirements set out in Annex 8 to the Convention on International Civil Aviation. Under this Annex, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry to maintain this airworthiness. The State of Registry, in turn, is tasked with developing or adopting the requisite measures to ensure the ongoing airworthiness of individual aircraft.
When a State of Design issues an AD concerning an aircraft type registered in Australia, CASA, as the national airworthiness authority, must evaluate this information. If deemed appropriate, CASA issues an Australian AD to enforce the requirements stipulated by the State of Design. For instance, the European Aviation Safety Authority (EASA), acting on behalf of France as the State of Design for Eurocopter EC 135 and EC 635 model helicopters, issued AD 2009-0207. CASA has assessed this directive and subsequently issued Australian AD/EC 135/23, which is set to take effect on 14 October 2009. Because this AD is a response to international obligations and directly follows an AD from the relevant State of Design, no public consultation has been required. The Office of Best Practice Regulation has also determined that ADs do not necessitate a Regulatory Impact Statement.
The AD was formulated by the Manager of Initial Airworthiness in the Airworthiness and Engineering Branch on behalf of CASA, in compliance with subsection 84A(2) of the Civil Aviation Act 1988. This legislative framework outlines the obligations and requirements that both CASA and the State of Registry must adhere to in order to maintain the airworthiness of aircraft. For CASA, this involves assessing and, if necessary, issuing Australian ADs to enforce the airworthiness requirements set by the State of Design. For the State of Registry, the obligation is to develop or adopt the necessary measures to ensure the continuing airworthiness of aircraft registered within their jurisdiction. Failure to comply with these requirements can lead to significant consequences, including potential civil or criminal penalties.
Breaches of the regulations governing airworthiness directives may result in substantial civil or criminal consequences. The severity of these consequences can vary, but they often include fines and other penalties as prescribed by law. For instance, under the Civil Aviation Act 1988, non-compliance with ADs can result in significant financial penalties. Furthermore, individuals or entities found in violation of these directives may face further legal repercussions, including potential imprisonment, depending on the nature and severity of the breach. Ensuring strict adherence to these regulations is crucial to maintaining the high safety standards required in the aviation industry.