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-2008-012 affecting Eurocopter EC225 model helicopters. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/EC 225/1, which will become effective on
15 September 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes 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 within Australia and ensure the safety of air navigation. The Act provides the legislative framework for the regulation of civil aviation, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are a legislative instrument, as they are a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and are created in accordance with section 6 of the Legislative Instruments Act 2003. The Civil Aviation (Safety) Regulations 1998 mandate that the Civil Aviation Safety Authority (CASA) must issue ADs for types of aircraft or aeronautical products. This is part of Australia's commitment under Annex 8 to the Convention on International Civil Aviation, where the State of Design has the responsibility for the continuing airworthiness of an aircraft type. CASA, as the national airworthiness authority, assesses the information from the State of Design and issues corresponding ADs as necessary to ensure the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the framework under which airworthiness directives (ADs) can be issued to ensure the safety of air navigation. Specifically, section 98 of the Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, thereby imposing binding obligations on relevant entities. The ADs are typically issued in response to the State of Design's responsibilities under Annex 8 of the Convention on International Civil Aviation, and the State of Registry, such as CASA in Australia, must then assess and potentially mandate these directives for aircraft registered in Australia. The issuance of such ADs does not generally require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The ADs are issued by CASA on behalf of the Commonwealth of Australia, adhering to the statutory requirements set forth in the Act.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These ADs apply to specific types of aircraft or aeronautical products. It is important to note that ADs are considered disallowable instruments under the Acts Interpretation Act 1901 (section 46A) and are recognised as legislative instruments in accordance with the Legislative Instruments Act 2003 (section 6).
Under the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the ongoing airworthiness of an aircraft type and must provide necessary information to the States of Registry to maintain airworthiness. In the case of Australia, CASA, as the national airworthiness authority, is mandated to assess information from the State of Design and issue an Australian AD if appropriate. For example, in response to the French DGAC’s AD F-2008-012 affecting Eurocopter EC225 model helicopters, CASA issued Australian AD/EC 225/1, effective from 15 September 2008. Given the international obligations and the direct response to a State of Design’s AD, no public consultation was required, and the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
The obligations imposed by these regulations are primarily on CASA and the States of Registry. CASA must assess the information provided by the State of Design and, if deemed necessary, issue corresponding ADs to ensure compliance with international safety standards. The State of Registry, which in the context of Australia is CASA, is responsible for implementing and enforcing the ADs to ensure the continuing airworthiness of aircraft registered in Australia. This includes monitoring compliance and taking corrective actions when necessary.
Failure to comply with ADs can result in severe civil and criminal penalties. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, potentially leading to prosecution. The Act provides for substantial fines, with maximum penalties varying based on the severity of the violation. For corporations, the fines can be substantial, reflecting the critical importance of air safety. Additionally, non-compliance may also result in civil consequences, such as grounding of the aircraft, until compliance is achieved, which can have significant operational and financial implications for the operators.