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 2009-0095-E affecting Eurocopter EC 225 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 225/12, which will become effective on 20 April 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, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, establishes the legal framework for ensuring the safety and efficiency of civil aviation within Australia. This Act empowers the Governor-General to create regulations that are essential for the safety of air navigation. One such regulation is the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that mandate safety requirements for specific types of aircraft or aeronautical products to maintain their airworthiness. The Civil Aviation Safety Authority (CASA) is responsible for issuing these directives in response to international standards set by the Convention on International Civil Aviation, ensuring compliance with both national and international safety protocols. This legislative approach addresses the need for coordinated international safety measures while allowing Australia to maintain its own stringent safety standards.
Scope and Application
The Civil Aviation Act 1988 applies to all aspects of civil aviation within Australia, including the regulation of aircraft airworthiness, operations, and maintenance. The Act empowers the Governor-General to issue regulations that serve the interests of air navigation safety, which includes the issuance of airworthiness directives (ADs). The Civil Aviation Safety Regulations 1998, made under the Act, provide the regulatory framework for the issuance of ADs for specific types of aircraft and aeronautical products by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments subject to disallowance and oversight as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The geographic scope of these regulations extends nationally, and they apply to all aircraft registered in Australia, regardless of the State of Design. CASA, as Australia’s national airworthiness authority, must ensure that ADs issued by the State of Design are assessed and, if appropriate, implemented as Australian ADs. This process is integral to fulfilling Australia's obligations under international conventions such as the Convention on International Civil Aviation, ensuring the continuing airworthiness of aircraft types registered in Australia.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) under section 98 and regulation 39.001 respectively. An AD, as defined in subregulation 39.001(5), is a legislative instrument created to ensure the safety of air navigation. It is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and, as such, it is subject to the Legislative Instruments Act 2003. ADs are a common method used by International Civil Aviation Organization (ICAO) Contracting States to communicate continuing airworthiness information. The State of Design, which is responsible for the continuing airworthiness of an aircraft type under Annex 8 of the Convention on International Civil Aviation, must provide necessary information to ensure the safety of the aircraft type to the States of Registry. In the case of Australia, the Civil Aviation Safety Authority (CASA) assesses this information and, if necessary, issues an Australian AD to enforce the requirements of the State of Design.
The obligations imposed by these regulations primarily fall on CASA as Australia’s national airworthiness authority. When an AD is issued by a State of Design, such as the European Aviation Safety Authority (EASA) for the Eurocopter EC 225 model helicopters, CASA is required to assess the information and determine if an Australian AD is necessary. If CASA deems an Australian AD necessary, it must issue it to ensure the continuing airworthiness of the aircraft type on the Australian Register. The State of Registry, which in this case is Australia, must also develop or adopt requirements to ensure the continuing airworthiness of aircraft as stipulated in Annex 8.
Failure to comply with an AD may result in serious safety implications and could lead to enforcement actions. While the specific civil or criminal penalties are not detailed in the provided text, it is implied that non-compliance could result in legal consequences under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The maximum penalties for such breaches would depend on the specific nature of the non-compliance and the provisions of the relevant legislation. Given the critical nature of airworthiness directives, compliance is strictly enforced to maintain the high safety standards required in the aviation industry.