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.
EASA has issued AD 2009-0030 affecting Eurocopter AS 350 model helicopters. EASA acts for France, the State of Design for this type. CASA has assessed this AD and as a result has cancelled Australian AD/ECUREUIL/118 Amdt 1. The cancellation will become effective on 26 February 2009. The requirements are now contained in AD/ECUREUIL/131 Amendment 1.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. 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 was enacted to provide a legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). This legislative approach ensures that Australia aligns with international standards as set out by the Convention on International Civil Aviation, particularly through Annex 8, which mandates the State of Design's responsibility for the continuing airworthiness of aircraft types and the State of Registry's duty to enforce these standards within their jurisdiction. In the context of the ADs, CASA assesses and issues Australian directives to reflect the requirements of the relevant State of Design, ensuring that the continuing airworthiness of aircraft on the Australian Register is maintained in compliance with international obligations. This process facilitates the efficient and coordinated management of airworthiness standards across jurisdictions.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) which are regulatory instruments aimed at ensuring the continuing airworthiness of aircraft. The Act applies to any person or entity involved in the operation of aircraft in Australia, including aircraft owners, operators, and maintenance organisations. The geographic reach of this legislation extends to the Commonwealth of Australia, with ADs being issued by the Civil Aviation Safety Authority (CASA) to mandate safety requirements. The issuance of ADs is based on the continuing airworthiness information provided by the State of Design and must align with international standards as set out in Annex 8 to the Convention on International Civil Aviation. In the specific case of AD 2009-0030 affecting Eurocopter AS 350 model helicopters, CASA cancelled the Australian AD in response to an AD issued by the European Aviation Safety Agency (EASA) for France, the State of Design. This action was taken without public consultation, as determined by the Office of Best Practice Regulation, which also found that the cancellation did not require a Regulatory Impact Statement. ADs are legislative instruments under the Legislative Instruments Act 2003 and are issued by CASA in accordance with the Civil Aviation Act 1988.
Key Provisions
The main operative sections of the Civil Aviation (Safety) Regulations 1998 (Cth) pertain to the issuance of airworthiness directives (ADs). Section 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. This authority is derived from section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the safety of air navigation. An AD is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003, and it is also a disallowable instrument as per section 46A of the Acts Interpretation Act 1901.
The obligations imposed by the Civil Aviation (Safety) Regulations 1998 on the parties involved, primarily CASA, are significant. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design for aircraft types registered in Australia. If deemed necessary, CASA must issue corresponding Australian ADs to ensure compliance with international standards and the continuing airworthiness of the aircraft. The State of Design, such as EASA for Eurocopter AS 350 model helicopters, has the primary responsibility for ensuring the continuing airworthiness of aircraft types and must provide necessary information to the States of Registry, including Australia.
Breaching the requirements set out in an AD can have serious consequences. Under the Civil Aviation Act 1988, operating an aircraft that does not comply with an AD can be an offence. The maximum penalty for contravening an AD is significant, with potential fines and imprisonment. For corporations, the penalties can include substantial monetary fines, which are detailed in section 39.001 of the Civil Aviation (Safety) Regulations 1998. The enforcement of these regulations is critical to maintaining the high safety standards expected in the aviation industry.
Additionally, the Civil Aviation (Safety) Regulations 1998 provide mechanisms for the review and disallowance of ADs, ensuring that the regulatory process is transparent and accountable. This includes the provision that ADs are disallowable instruments, which means they can be subject to disallowance by Parliament. This safeguard ensures that the regulatory measures taken by CASA are both necessary and proportionate to the safety risks involved. The procedural requirements for issuing and cancelling ADs, as outlined in the regulations, are designed to maintain the balance between safety and operational flexibility for the aviation industry.