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 has issued AD 2007-0138R1 affecting Eurocopter AS350 series helicopters EASA acts on behalf of France, the State of Design for this type. CASA has amended the equivalent Australian AD to AD/ECUREUIL/71 Amendment 3 which will become effective on 22 January 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 Acting Manager, Airframe and 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 provide a legislative framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. This Act grants the Governor-General the authority to create regulations under section 98, which are essential for maintaining air navigation safety. In accordance with these provisions, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, as stipulated in section 46A of the Acts Interpretation Act 1901, and must adhere to the requirements set out in the Legislative Instruments Act 2003. The policy objective underpinning these regulations is to ensure the continuing airworthiness of aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation, particularly through the coordination with States of Design and States of Registry.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are issued by CASA to mandate the requirements of the relevant State of Design, ensuring that all aircraft meet international standards for continuing airworthiness. The geographic and jurisdictional reach of these regulations applies nationally within Australia and aligns with the obligations of the Convention on International Civil Aviation, particularly regarding the responsibilities of the State of Design and State of Registry. ADs are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. Notably, ADs do not require consultation with the Australian public or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The issuance of ADs is overseen by CASA, which acts on behalf of the Commonwealth in fulfilling its international obligations and maintaining aviation safety standards in Australia.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. These directives are legislative instruments as they are disallowable under section 46A of the Acts Interpretation Act 1901, and thus subject to scrutiny under the Legislative Instruments Act 2003. Such ADs are pivotal in maintaining the continuing airworthiness of aircraft types, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design retains overarching responsibility for the airworthiness of an aircraft type.
Entities governed by this Act, particularly CASA and States of Registry, are tasked with ensuring the safety and continuing airworthiness of aircraft. CASA must assess any ADs issued by the State of Design and, if necessary, issue an equivalent Australian AD to enforce the requirements of the originating State of Design. This obligation ensures that the safety standards set forth by the international convention are met within Australia's jurisdiction. Moreover, the State of Registry of an individual aircraft bears the responsibility for its ongoing airworthiness, necessitating the development or adoption of appropriate requirements as stipulated in Annex 8.
Failure to comply with ADs can result in significant legal repercussions. Non-compliance with an AD can be considered a breach of the Civil Aviation Act 1988, potentially leading to enforcement actions by CASA. Such breaches may attract civil or criminal penalties, including fines and imprisonment, as determined by the severity of the breach. The specific penalties are not detailed in the provided text, but generally, the Act empowers CASA to take action against non-compliance, ensuring that safety standards are rigorously enforced across the aviation sector.