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 EASA issued AD 2006-0094, affecting Eurocopter AS 350 model aircraft, in 2006. EASA is the State of Design for these types. As a result of a request from industry, CASA has amended the equivalent Australian AD to clarify the repetitive inspection compliance period. The amended AD, AD/ECUREUIL/120 Amendment 1, will become effective on 26 March 2007. 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 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, enacted by the Commonwealth Parliament, governs the safety and regulation of civil aviation within Australia. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs, which are legislative instruments, mandate requirements for the continuing airworthiness of aircraft types, ensuring compliance with international standards set by the Convention on International Civil Aviation. In the case of Eurocopter AS 350 model aircraft, CASA issued an amended AD in response to an airworthiness directive from the European Aviation Safety Agency (EASA), the State of Design. The new AD, effective from 26 March 2007, clarifies the repetitive inspection compliance period and was made by the Manager, New Technologies and Systems, on behalf of CASA, in accordance with the Act. The issuing of these directives underscores Australia's commitment to maintaining high safety standards in civil aviation.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides a framework for the regulation of airworthiness directives (ADs) in Australia, overseen by the Civil Aviation Safety Authority (CASA). These regulations apply to all entities involved in the operation, maintenance, and certification of aircraft within Australia, ensuring that the safety standards mandated by the State of Design are adhered to by the State of Registry. ADs are legislative instruments that serve as the primary mechanism for ensuring the continuing airworthiness of aircraft types, and they are issued in response to international obligations under the Convention on International Civil Aviation. As such, these directives apply to specific types of aircraft or aeronautical products, and their issuance is a critical component of the regulatory framework governing civil aviation in Australia. While the regulations extend to all relevant entities within Australia, the application of ADs is specifically targeted at ensuring compliance with safety standards that are internationally recognised and mandated by the State of Design. The scope of these regulations is further refined through subordinate instruments, which provide detailed guidance on the implementation and compliance with ADs.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to enact regulations that ensure the safety of air navigation. Complementing this, 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 directives are essential tools for maintaining the airworthiness of aircraft and are considered legislative instruments under the Legislative Instruments Act 2003.
The obligations placed on parties governed by this legislation are significant. The State of Design, responsible for the initial airworthiness of an aircraft, must provide necessary information to ensure the continuing airworthiness of the aircraft type. This information is typically disseminated via ADs, which are the standard form of continuing airworthiness communication. For aircraft registered in Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to mandate compliance. These ADs are critical for ensuring that Australian-registered aircraft meet international safety standards.
Failure to comply with ADs can result in serious legal consequences. The Civil Aviation Safety Regulations 1998 outline specific offences and penalties for non-compliance. These can include both civil and criminal penalties, although the exact penalties may vary depending on the severity of the breach. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to impose penalties that can include substantial fines and, in some cases, imprisonment. Ensuring adherence to ADs is crucial for maintaining the safety and integrity of the Australian aviation sector.