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 2008-0189 affecting AS350BA model aircraft. EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/ECUREUIL/132, which will become effective on 24 October 2008.
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 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 establish a legal framework ensuring the safety, efficiency, and orderly growth of civil aviation in Australia. This legislation empowers the Governor-General to create regulations that promote air navigation safety, with the Civil Aviation Safety Regulations 1998 being a significant component. Specifically, under section 98 of the Act, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments and, as such, are subject to disallowance under the Acts Interpretation Act 1901. The policy objective is to maintain the highest safety standards in air navigation, aligning with international obligations under the Convention on International Civil Aviation, particularly through the issuance of ADs by States of Design and States of Registry to ensure the continuing airworthiness of aircraft.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority granted by the Civil Aviation Act 1988, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as a critical mechanism for ensuring the continuing airworthiness of aircraft, with CASA acting as Australia’s national airworthiness authority. According to Annex 8 to the Convention on International Civil Aviation, the State of Design holds primary responsibility for the ongoing airworthiness of an aircraft type, necessitating the provision of relevant information to States of Registry, which includes Australia. Consequently, when a State of Design, such as France in the case of the AS350BA model aircraft, issues an AD, CASA must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements set forth by the State of Design. The issuance of such ADs is integral to fulfilling Australia’s international obligations under the Convention and is executed without public consultation, as it is based on pre-existing international agreements and assessments of safety needs.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legal framework for the issuance and enforcement of airworthiness directives (ADs) in Australia. Under section 98 of the Act, the Governor-General is empowered to create regulations in the interest of air navigation safety, with regulation 39.001 specifically allowing the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and hence, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
In practice, these ADs are crucial tools for maintaining the continuing airworthiness of aircraft, a responsibility ultimately resting with the State of Design, which must provide necessary information to the States of Registry as per Annex 8 to the Convention on International Civil Aviation. The State of Registry, in turn, must implement requirements to ensure the airworthiness of individual aircraft. For example, when the European Aviation Safety Authority (EASA) issues an AD affecting a type of aircraft registered in Australia, CASA must review this directive and, if deemed necessary, issue a corresponding Australian AD. This process ensures that Australian-registered aircraft meet international safety standards.
CASA's issuance of ADs is not subject to public consultation or the need for a Regulatory Impact Statement, given the international obligations and the nature of ADs as legislative instruments. The ADs are created in accordance with specific sections of the Civil Aviation Act, such as subsection 84A(2), and are issued by authorised personnel within CASA. This legal structure ensures that ADs are issued efficiently and in line with international safety protocols.
The legislation also outlines consequences for non-compliance with ADs. Failure to comply with an AD can result in severe penalties. Civil penalties can include fines and the grounding of non-compliant aircraft, while criminal penalties may apply in more serious cases. These penalties serve as deterrents to ensure that all stakeholders adhere to the safety standards set forth in the ADs, thereby maintaining the high safety standards required in the aviation industry.