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 2009-0027 affecting Eurocopter AS 350 helicopters. France is the State of Design for these helicopters. As a result CASA has amended the equivalent Australian AD to AD/ECUREUIL/134 Amdt 1. The amended AD will become effective on 12 March 2009. 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, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, establishes the legislative framework for ensuring the safety and efficiency of civil aviation within Australia. This Act empowers the Governor-General to make regulations in the interest of air navigation safety, and it is under this authority that the Civil Aviation Safety Regulations 1998 were established. These regulations, in turn, provide the Civil Aviation Safety Authority (CASA) with the capability to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Such directives are critical for maintaining the continuing airworthiness of aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation and its Annexes. This legislative approach ensures that safety standards are consistently applied and that the responsibilities of both the State of Design and the State of Registry are effectively managed within the Australian context.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby ensuring compliance with the safety provisions outlined in the Civil Aviation Act 1988. These ADs are legislative instruments, subject to disallowance as per section 46A of the Acts Interpretation Act 1901, and must be made in accordance with the Legislative Instruments Act 2003. ADs play a crucial role in maintaining the continuing airworthiness of aircraft, with the State of Design responsible for providing necessary information to the States of Registry, including Australia. CASA, acting as Australia's national airworthiness authority, is tasked with assessing the information from the State of Design and issuing corresponding Australian ADs when necessary. For instance, following the European Aviation Safety Agency's (EASA) issuance of AD 2009-0027 concerning Eurocopter AS 350 helicopters, CASA amended the Australian equivalent AD to AD/ECUREUIL/134 Amdt 1, effective from 12 March 2009. Given that these directives are issued in response to international obligations and the specific ADs from the State of Design, no public consultation is required, and the Office of Regulatory Review has concluded that they do not necessitate a Regulatory Impact Statement. The AD was issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, in line with subsection 84A(2) of the Act.
Key Provisions
The key operative sections of this legislation pertain to the issuance of airworthiness directives (ADs) under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Section 98 of the Act allows the Governor-General to make regulations for air navigation safety, while regulation 39.001 of the 1998 Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under the Acts Interpretation Act 1901, making it a legislative instrument as per section 6 of the Legislative Instruments Act 2003. These ADs are crucial for maintaining the continuing airworthiness of aircraft, a responsibility that falls upon the State of Design and the State of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation.
Under this legislation, CASA has a responsibility to assess and, if necessary, issue Australian ADs that reflect the requirements set by the State of Design. For instance, in response to an AD issued by the European Aviation Safety Agency (EASA) for Eurocopter AS 350 helicopters, CASA has amended the Australian AD to AD/ECUREUIL/134 Amdt 1, effective from 12 March 2009. This amendment replaces the previous AD and is a direct consequence of Australia’s obligations under international civil aviation conventions.
The obligations imposed by the Civil Aviation Act 1988 and the associated regulations are primarily centred on ensuring the safety and continuing airworthiness of aircraft. CASA must evaluate ADs issued by the State of Design and, where applicable, issue corresponding Australian ADs. The State of Design, in this case, France for Eurocopter AS 350 helicopters, has the responsibility to provide necessary information to ensure the airworthiness of the aircraft type. The State of Registry, through CASA, must then implement these requirements within its jurisdiction. The legislation also ensures that ADs are issued in compliance with international standards set by the Convention on International Civil Aviation.
Offences and penalties for breaches of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are not explicitly detailed in the provided text. However, it is implied that non-compliance with ADs could result in serious safety implications, potentially leading to both civil and criminal consequences. The exact nature and severity of penalties would depend on the specific breaches and the jurisdictional context, but the overarching objective is to maintain the highest standards of aviation safety. The legislation does not specify maximum penalties within the provided text, but such details would typically be found in the broader regulatory framework or related statutes.