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 2006-0235-E affecting Eurocopter AS-350 Ecureuil 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/71, Amendment 1, which will become effective on 16 August 2006. 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, Airframes 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 regulate civil aviation in Australia, ensuring the safety of air navigation as a paramount objective. Under the authority granted by section 98 of the Act, the Governor-General can make regulations to further the interests of aviation safety. Specifically, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance as stipulated by the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. In response to international obligations under the Convention on International Civil Aviation, CASA is tasked with ensuring that Australian-registered aircraft meet continuing airworthiness standards by issuing ADs that align with those issued by the aircraft's State of Design. This legislative framework ensures that CASA, as the national airworthiness authority, can mandate safety requirements in line with international standards, thereby maintaining the safety and integrity of Australia's civil aviation system.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments under the Legislative Instruments Act 2003 and aim to maintain the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The ADs are typically issued in response to continuing airworthiness information from the State of Design, with CASA assessing and, if necessary, issuing Australian ADs to enforce these requirements on aircraft registered in Australia. The issuance of these ADs is a direct response to international obligations and assessments of safety risks, hence no public consultation is required. The ADs are formulated by CASA, reflecting Australia's commitment to international civil aviation safety standards and ensuring compliance with national and international regulatory frameworks.
Key Provisions
The Civil Aviation (Safety) Regulations 1998, particularly under regulation 39.001, provide that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These directives, as mentioned in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003. This means that ADs hold the force of law and are essential for ensuring the continuing airworthiness of aircraft. These directives are issued in compliance with Annex 8 to the Convention on International Civil Aviation, where the State of Design is tasked with the overall responsibility of ensuring the continuing airworthiness of an aircraft type, and must share any necessary information with the appropriate States of Registry to facilitate this.
Under the Civil Aviation Safety Regulations 1998, the State of Registry is responsible for ensuring the continuing airworthiness of individual aircraft. This obligation is aligned with Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Registry must develop or adopt requirements to maintain the airworthiness of aircraft. When a State of Design, such as France for the Eurocopter AS-350 Ecureuil model Helicopters, issues an AD, CASA, as Australia’s national airworthiness authority, is required to assess the information provided and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that all aircraft registered in Australia comply with international safety standards.
The Civil Aviation (Safety) Regulations 1998 impose several obligations on CASA and other entities governed by the Act. CASA must rigorously assess any AD issued by a State of Design to ensure it meets the safety standards required under Australian law. Once assessed, CASA may issue corresponding Australian ADs to enforce these safety requirements on aircraft registered in Australia. This process is critical for maintaining the safety of air navigation and ensuring that all aircraft meet the necessary airworthiness standards. Additionally, under the Legislative Instruments Act 2003, ADs are considered legislative instruments, which means they are subject to the disallowance process under the Acts Interpretation Act 1901.
Failure to comply with the requirements of an AD can lead to significant legal consequences. Under the Civil Aviation Act 1988, any person who contravenes an AD commits an offence and may be subject to penalties. The maximum penalty for such an offence can be substantial, as outlined in the Civil Aviation Regulations 1988, which include fines and potential imprisonment. These penalties underscore the importance of adhering to ADs to ensure the safety of air navigation and the well-being of all individuals involved in aviation activities. CASA is responsible for enforcing compliance with these directives, and any breaches can result in enforcement actions, including fines and other legal repercussions.