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. An AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901.
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-2005-042 affecting AS 350 rotorcraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/ECURIEL/ 110, which will become effective on 9 June 2005.
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 - Systems, 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 regulating civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. This Act empowers the Governor-General to create regulations that support the overarching objectives of aviation safety, with the Civil Aviation Safety Regulations 1998 further detailing the mechanisms for achieving these goals. One such regulation, 39.001, specifically enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft and aeronautical products. ADs are critical instruments in maintaining the continuing airworthiness of aircraft, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for ensuring aircraft types remain airworthy. The Civil Aviation Act thus addresses the need for a coordinated and internationally compliant approach to aviation safety regulation in Australia.
Scope and Application
The Civil Aviation Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, ensuring compliance with international safety standards and obligations under the Convention on International Civil Aviation. These ADs are issued in response to directives from the State of Design, the entity with primary responsibility for the airworthiness of a specific aircraft type. In this instance, CASA has issued an Australian AD in response to a French AD affecting AS 350 rotorcraft, aligning with Australia's commitment to international aviation safety. The AD is applicable to any aircraft of the specified type registered in Australia, requiring compliance with the mandated safety requirements. This legislation extends its jurisdiction to all entities and individuals operating such aircraft within Australia, ensuring that the continuing airworthiness of these aircraft is maintained according to internationally recognised standards. No exemptions or exclusions are specified in this particular directive, and it does not require public consultation or a Regulatory Impact Statement as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations for air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as enforceable instructions to maintain the airworthiness of the affected aircraft or products. Importantly, ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, which means they can be annulled by either House of Parliament.
In compliance with Annex 8 to the Convention on International Civil Aviation, the State of Design bears the overall responsibility for ensuring the continuing airworthiness of an aircraft type. This includes providing necessary information to the States of Registry to facilitate compliance with continuing airworthiness requirements. In Australia, CASA, as the national airworthiness authority, must evaluate information from the State of Design and issue an Australian AD if appropriate. This ensures that Australian-registered aircraft meet international safety standards.
Obligations under this framework require the State of Design, such as France for AS 350 rotorcraft, to issue ADs to address identified safety issues. CASA, as the State of Registry for Australian-registered aircraft, must then review these ADs and issue corresponding Australian ADs to ensure compliance. This process ensures that Australian-registered aircraft maintain their airworthiness in line with international standards. Additionally, as ADs are issued in response to international obligations and do not require public consultation, they are not subject to a Regulatory Impact Statement.
Failure to comply with an AD can result in severe consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to civil penalties, including fines up to $111,000 for individuals and $555,000 for corporations. Additionally, non-compliance may result in criminal charges, where an individual could face imprisonment for up to two years and a corporation for up to five years. Such stringent measures underscore the importance of adhering to airworthiness directives to maintain aviation safety standards.