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-2005-190 affecting Eurocopter EC 130B4 helicopters. France is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/ECUREUIL/115, which will become effective on 19 January 2006.
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 Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, 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 in Australia, ensuring the safety and efficiency of air navigation within its jurisdiction. The Act grants the Governor-General the authority to make regulations for air navigation safety, as demonstrated in the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. The ADs are considered legislative instruments under the Legislative Instruments Act 2003. These directives are essential for maintaining the continuing airworthiness of aircraft, aligning with international obligations under the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, is responsible for issuing Australian ADs in response to directives from the aircraft's State of Design, ensuring compliance and safety within Australian airspace.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of 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. These directives are legislative instruments subject to disallowance and are integral to ensuring the continuing airworthiness of aircraft. This regulatory framework is established in compliance with international standards set by Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type, while the State of Registry is tasked with the ongoing maintenance of individual aircraft. When a State of Design, such as France in the case of the Eurocopter EC 130B4 helicopters, issues an AD, CASA, as Australia's national airworthiness authority, must review the information and, if necessary, issue a corresponding Australian AD. This process ensures that Australian-registered aircraft meet international safety standards and complies with Australia's obligations under the Convention on International Civil Aviation. As ADs are issued in response to international directives and are not subject to public consultation or a Regulatory Impact Statement, they are crafted by CASA officials within the specified regulatory framework.
Key Provisions
The key operative sections of this legislation are section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998, which empowers CASA to issue airworthiness directives (ADs) for aircraft types and aeronautical products. An AD, as described in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and hence, a legislative instrument under section 6 of the Legislative Instruments Act 2003. These provisions allow CASA to issue ADs, such as the Australian AD/ECUREUIL/115, which becomes effective on 19 January 2006, in response to an AD issued by a State of Design.
The obligations imposed by this legislation on the parties it governs are primarily centred on airworthiness and compliance. The State of Design, in this case France, has the responsibility to ensure the continuing airworthiness of the aircraft type and to provide necessary information to appropriate States of Registry. Under Annex 8 to the Convention on International Civil Aviation, the State of Registry, here represented by CASA, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered in their state. CASA must assess the AD issued by the State of Design and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
There are no specific offences, penalties, or consequences mentioned in the text for breaching the ADs issued under this legislation. However, failure to comply with ADs can lead to severe consequences, such as grounding of aircraft, which can have significant safety and financial implications for the aircraft operators and manufacturers. The text does mention that, due to Australia's obligations under the Convention on International Civil Aviation, no consultation of the Australian public has taken place on this AD, and the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. This implies that the AD is made with the understanding that it is necessary for ensuring the safety and airworthiness of aircraft in Australia.