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 2006-0249 affecting Eurocopter AS350 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/78, Amendment 2, which will become effective on 26 October 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 provide a legislative framework for the regulation of civil aviation in Australia, ensuring the safety, efficiency, and orderly growth of the aviation industry. One of its key provisions is the ability for the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, which govern various aspects of aviation safety, including the issuance of airworthiness directives (ADs). These ADs are legislative instruments that mandate the requirements for the continuing airworthiness of aircraft, issued by the Civil Aviation Safety Authority (CASA) in accordance with international standards set out in the Convention on International Civil Aviation. This legislation was introduced to address the need for a cohesive and internationally compliant regulatory framework to ensure the safety of air navigation in Australia. The ADs are issued in response to assessments of information provided by the State of Design or other Contracting States, and where appropriate, CASA issues corresponding Australian ADs to ensure compliance with international obligations and the safety of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, particularly the Civil Aviation Safety Regulations 1998, govern the issuance of airworthiness directives (ADs) in Australia, with the aim of ensuring the safety of air navigation. Under the Act, the Governor-General has the authority to make regulations that serve the interests of safety, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. These directives, which are legislative instruments, must align with international standards, particularly those set forth in Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as having primary responsibility for the continuing airworthiness of an aircraft type. CASA, as Australia’s national airworthiness authority, is responsible for assessing and, if necessary, issuing Australian ADs that mandate the requirements determined by the State of Design. This process ensures that Australian aircraft maintain compliance with international safety standards.
Key Provisions
The Civil Aviation (Safety) Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products under regulation 39.001. An AD is a legislative instrument under section 6 of the Legislative Instruments Act 2003, and it is considered a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. According to these regulations, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation, and must provide necessary information to the States of Registry to ensure the airworthiness of the aircraft type. In turn, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction.
Obligations and requirements under the Civil Aviation Safety Regulations 1998 include the responsibility of the State of Design to issue ADs for aircraft types, ensuring that all necessary information is provided to States of Registry. States of Registry, such as Australia, must then assess this information and, if appropriate, issue their own ADs to mandate the requirements of the State of Design. For example, CASA, as Australia’s national airworthiness authority, assessed the European Aviation Safety Authority’s AD 2006-0249 for Eurocopter AS350 model helicopters and issued Australian AD/ECUREUIL/78, Amendment 2, to implement the requirements. This process is integral to maintaining the safety and airworthiness of aircraft registered in Australia.
The Civil Aviation (Safety) Regulations 1998 do not require public consultation for ADs issued due to Australia’s obligations under the Convention on International Civil Aviation and in response to ADs raised by the relevant State of Design. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The issuance of ADs, such as AD/ECUREUIL/78, Amendment 2, is carried out by authorised personnel within CASA, such as the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, in accordance with subsection 84A(2) of the Act. This ensures that any breaches of these regulations are subject to specific civil and criminal consequences as outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Failure to comply with an AD can result in severe penalties, including fines and imprisonment, as stipulated in the relevant sections of these Acts.