CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 DGAC has issued AD F-2004-170 R1 affecting Eurocopter Model AS 350 aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/ECUREUIL/105, Amendment 1, which will become effective on 9 June 2005. This AD cancels and replaces the previous issue.
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 Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive framework for civil aviation in Australia, with a strong emphasis on safety and regulation. The Act empowers the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, which in turn enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of aircraft and aeronautical products. The ADs are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The Civil Aviation Act 1988 was designed to address the need for a robust regulatory framework to manage the complexities and safety concerns inherent in civil aviation, in line with international standards set by the Convention on International Civil Aviation. The authority to issue ADs is exercised by CASA, reflecting Australia’s commitment to international obligations and the safety of its airspace.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework under which airworthiness directives (ADs) can be issued, ensuring the continuing safety of aircraft within Australia and internationally. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs, which are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus legislative instruments. This authority is exercised in accordance with Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design to take overall responsibility for the continuing airworthiness of an aircraft type. CASA, as Australia’s national airworthiness authority, is required to assess and, if necessary, issue corresponding Australian ADs to align with directives from the relevant State of Design. The ADs are not subject to public consultation or a Regulatory Impact Statement as they are issued in response to international obligations and requirements.
Key Provisions
The main sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 relevant to the issuing of airworthiness directives (ADs) include section 98 of the Civil Aviation Act, which empowers the Governor-General to make regulations in the interests of the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations, which allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. According to subregulation 39.001(5), ADs are considered disallowable instruments, making them legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The Civil Aviation Act and the Civil Aviation Safety Regulations impose several obligations and requirements on the parties governed by these laws. The State of Design has the overall responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to the States of Registry to ensure continuing airworthiness. The States of Registry must then develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within their jurisdiction. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
In the context of the AD F-2004-170 R1 issued by the French Directorate General for Civil Aviation (DGAC) affecting Eurocopter Model AS 350 aircraft, CASA has assessed the AD and issued Australian AD/ECUREUIL/105, Amendment 1, which will become effective on 9 June 2005. This AD cancels and replaces the previous issue. Due to Australia's obligations under the 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.
Breaches of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to various civil or criminal consequences, depending on the nature and severity of the violation. While the specific penalties for breaches of ADs are not detailed in the provided text, it is generally understood that failure to comply with airworthiness requirements can result in severe consequences, including fines, imprisonment, or both. The maximum penalties for breaches of civil aviation regulations can vary, but they are typically significant to ensure compliance and maintain safety standards in air navigation.