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 2009-0190 affecting Eurocopter EC 130 B4 model helicopters. EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/ECUREUIL/136, which will become effective on 9 September 2009.
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 Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, provides the legal framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act grants the Governor-General the authority to make regulations necessary for the purposes of the Act and for the safety of air navigation, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. This regulatory power is exercised by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority, which is mandated to ensure the continuing airworthiness of aircraft registered in Australia, in accordance with international standards set by the Convention on International Civil Aviation. The issuing of ADs is a critical mechanism for maintaining airworthiness and is undertaken in response to directives from the State of Design or as necessitated by Australia's international obligations. Given the international nature and technical specificity of ADs, they are considered legislative instruments that do not require public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework within which airworthiness directives (ADs) are issued to ensure the safety of air navigation in Australia. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These directives, which are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, are legislative instruments in their own right. As Australia is a signatory to the Convention on International Civil Aviation, CASA must also adhere to the responsibilities of the State of Registry and the State of Design in ensuring the continuing airworthiness of aircraft. This includes issuing Australian ADs in response to directives from other States of Design, such as the European Aviation Safety Authority (EASA) in the case of the Eurocopter EC 130 B4 model helicopters. The AD in question, Australian AD/ECUREUIL/136, issued on behalf of CASA, is a direct response to AD 2009-0190 issued by EASA, and it will become effective on 9 September 2009. Given that the ADs are issued in compliance with international obligations and not as a result of domestic consultation, no public consultation or Regulatory Impact Statement was required.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are foundational in ensuring the safety of air navigation in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations, while 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. An AD, as defined in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is recognised as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. This regulatory framework is integral to maintaining the safety and airworthiness of aircraft.
Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA is mandated to ensure the continuing airworthiness of aircraft registered in Australia. When the State of Design, such as France for the Eurocopter EC 130 B4 model helicopter, issues an AD, CASA must assess the information provided and, if necessary, issue a corresponding Australian AD. This ensures that the requirements outlined by the State of Design are enforced within Australia. The State of Registry, in this case CASA, is responsible for developing or adopting the necessary requirements to maintain the airworthiness of aircraft registered in Australia.
The obligations imposed by these regulations include ensuring the continuing airworthiness of aircraft and the implementation of ADs issued by the State of Design. CASA must review the ADs issued by the State of Design and determine if they are applicable to aircraft registered in Australia. If deemed necessary, CASA issues its own ADs to mandate the required actions. These ADs must be complied with by aircraft owners and operators to maintain safety standards.
Failure to comply with an AD can result in serious consequences. Under section 90 of the Civil Aviation Act 1988, a person who contravenes an AD commits an offence and is liable to a fine of up to 200 penalty units, which equates to approximately $40,000 as of the most recent guidelines. Additionally, CASA can impose administrative penalties, which can further compound the financial and legal repercussions for non-compliance. These measures underscore the importance of adhering to ADs to ensure the safety and airworthiness of aircraft.