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 2007-0138R2 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 4 which will become effective on 9 April 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, enacted by the Commonwealth Parliament, was introduced to establish a regulatory framework ensuring the safety and efficiency of civil aviation within Australia. This legislation provides the foundation for the creation of regulations aimed at safeguarding air navigation and the continuing airworthiness of aircraft, in alignment with international standards. The Act empowers the Governor-General to enact regulations that serve these safety objectives, as exemplified by the Civil Aviation Safety Regulations 1998. These regulations, in turn, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby enforcing compliance with safety standards. In this context, ADs serve as crucial legislative instruments, ensuring that Australia's aviation safety practices are harmonized with international obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988 applies to all persons and entities involved in civil aviation operations within Australia, as well as to the aircraft and aeronautical products used in these operations. The Act allows the Governor-General to issue regulations in the interests of air navigation safety, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). These directives apply to specific types of aircraft or aeronautical products registered in Australia, ensuring they meet safety standards. The geographic reach of the Act is national, applying across the Commonwealth of Australia. The Act also incorporates international obligations under the Convention on International Civil Aviation, which mandates that States of Design provide necessary information to ensure aircraft airworthiness, a responsibility CASA undertakes on behalf of Australia. The Act does not specify exclusions or thresholds for its application, and it extends its application through subordinate instruments, such as the Civil Aviation Safety Regulations 1998. These regulations allow CASA to issue airworthiness directives, which are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD, as defined in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, is a legislative instrument that is subject to disallowance under section 46A of the Acts Interpretation Act 1901 and must adhere to the requirements set out in the Legislative Instruments Act 2003.
These airworthiness directives are pivotal in maintaining the continuing airworthiness of aircraft types, as stipulated by Annex 8 to the Convention on International Civil Aviation. The State of Design is responsible for the overall airworthiness of a particular aircraft type and must supply any necessary information to ensure the ongoing airworthiness of that type to the relevant States of Registry. The State of Registry, in turn, has the responsibility to develop or adopt requirements to ensure the continuing airworthiness of individual aircraft registered within its jurisdiction. When a State of Design issues an AD for an aircraft type on the Australian Register, CASA, as Australia’s national airworthiness authority, must review the information and, if deemed necessary, issue a corresponding Australian AD to enforce the requirements of the State of Design.
An example of this process is evident in the European Aviation Safety Agency’s (EASA) issuance of AD 2007-0138R2 concerning Eurocopter AS350 series helicopters, which EASA has issued on behalf of France, the State of Design for this aircraft type. CASA has subsequently amended the equivalent Australian AD to AD/ECUREUIL/71 Amendment 4, which will take effect on 9 April 2009. Given that this AD is issued in compliance with Australia’s obligations under the Convention on International Civil Aviation and in response to an AD issued by the relevant State of Design, no public consultation on this AD has taken place. Additionally, the Office of Regulatory Review has concluded that ADs do not require a Regulatory Impact Statement. This particular AD was 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.
In terms of the obligations and requirements imposed by the Act and Regulations, the State of Design must provide necessary information to ensure the continuing airworthiness of a particular aircraft type. The State of Registry must then develop or adopt requirements to ensure the airworthiness of individual aircraft within its jurisdiction. CASA, as Australia’s national airworthiness authority, must assess the information provided by the State of Design and issue a corresponding Australian AD if necessary. Failure to comply with these requirements may result in civil or criminal consequences, depending on the nature and severity of the breach. For instance, under section 84A(5) of the Civil Aviation Act 1988, a person who contravenes an AD may be liable to a fine not exceeding 200 penalty units (currently AUD 22,000) for an individual and 1,000 penalty units (currently AUD 110,000) for a body corporate. In more serious cases, a person may also be subject to imprisonment for a term not exceeding two years. Additionally, CASA has the power to suspend or revoke an aircraft’s certificate of airworthiness if it is found that the aircraft does not comply with the applicable ADs, which could result in the aircraft being grounded and unable to operate until the required actions are taken to bring it into compliance.