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 2006-0079 affecting Eurocopter EC 130 helicopters. EASA is the State of Design for these helicopters. CASA has assessed this AD and has issued Australian AD/ECUREUIL/119, which will become effective on 6 July 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 establish a regulatory framework for the safety and efficiency of civil aviation in Australia. The Act empowers the Governor-General to make regulations in the interests of the safety of air navigation, with a specific focus on maintaining airworthiness of aircraft. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, include provisions for the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). These directives are critical in ensuring that aircraft maintain their airworthiness in line with international standards, as set out in Annex 8 to the Convention on International Civil Aviation. The objective of this legislation is to align Australian civil aviation practices with international standards, ensuring safety and consistency in aircraft operations across the country. The ADs issued under these regulations are considered legislative instruments, subject to disallowance and oversight, and are enacted to meet Australia's international obligations and to safeguard the aviation industry domestically.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) in Australia, with the Civil Aviation Safety Authority (CASA) acting as the national airworthiness authority. Under the authority granted by section 98 of the Act, and specifically regulation 39.001 of the Regulations, CASA can issue ADs to ensure the continuing airworthiness of aircraft types or aeronautical products. This legislative mechanism is essential for maintaining safety standards and is aligned with Australia's obligations under the Convention on International Civil Aviation. Given that ADs are considered legislative instruments, they must adhere to the requirements of the Legislative Instruments Act 2003. Notably, ADs are issued in response to directives from the State of Design, in this case, the European Aviation Safety Authority (EASA) for Eurocopter EC 130 helicopters, and they do not require public consultation or a Regulatory Impact Statement as determined by the Office of Regulatory Review. This process ensures that Australian ADs are consistent with international standards and effectively address safety concerns in the aviation sector.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations to ensure the safety of air navigation, with the Civil Aviation Safety Regulations 1998 (regulation 39.001) specifically authorising the issuance of airworthiness directives (ADs) for certain aircraft or aeronautical products. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, legislative instruments under section 6 of the Legislative Instruments Act 2003.
Under the Civil Aviation Act 1988, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, which entails providing any necessary information to ensure that the aircraft remain airworthy. This is outlined in Annex 8 of the Convention on International Civil Aviation. The State of Registry, on the other hand, is responsible for the continuing airworthiness of individual aircraft. When the State of Design issues an AD, Australia’s national airworthiness authority, CASA, must evaluate the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The obligations imposed by the Civil Aviation Safety Regulations 1998 include the requirement for CASA to issue ADs when necessary to ensure the continuing airworthiness of aircraft registered in Australia. This is particularly pertinent when the State of Design issues an AD, as CASA must then assess and, if necessary, issue a corresponding Australian AD. This process ensures that Australian aircraft comply with international safety standards and remain airworthy.
For breach of any requirements set out in an AD, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 may impose penalties. The Act allows for civil penalties for non-compliance with ADs, which can include fines up to a maximum of $50,000 per offence. In more serious cases, criminal penalties may apply, including fines of up to $500,000 and imprisonment for up to 10 years per offence, especially where the breach results in significant harm or danger to aviation safety. These penalties underscore the importance of adhering to ADs and ensuring the ongoing airworthiness of aircraft.