CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 DGAC has issued AD F-2002-607 R1 affecting Eurocopter Model EC 130 B4 aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/ECUREUIL/88, Amendment 1, which will become effective on 9 June 2005. 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 Section Head - Airframes, Airworthiness Standards Branch, Standards Division, 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 civil aviation in Australia, ensuring safety and efficiency in air navigation. It empowers the Governor-General to make regulations in the interest of air navigation safety, including the issuance of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that ensure the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 mandate that the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products, and these directives are subject to disallowance by Parliament. CASA, as Australia's national airworthiness authority, assesses ADs issued by the State of Design and may issue Australian ADs to comply with international obligations. The issuance of AD F-2002-607 R1 by the French Directorate General for Civil Aviation, concerning the Eurocopter Model EC 130 B4 aircraft, exemplifies the international coordination necessary to maintain airworthiness standards.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation in Australia. This Act applies to all aircraft operating in Australian airspace, including both domestic and international flights, as well as entities involved in the manufacture, maintenance, and operation of these aircraft. Specifically, the Act empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that mandate compliance with safety requirements for specific types of aircraft or aeronautical products. These directives are considered legislative instruments, subject to disallowance and oversight under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, respectively. ADs are crucial for maintaining the continuing airworthiness of aircraft, aligning with the obligations under the Convention on International Civil Aviation and the responsibilities of the State of Registry. As such, when a State of Design, such as France, issues an AD for a specific aircraft type, CASA must evaluate the directive and, if necessary, issue a corresponding Australian AD. This ensures that Australian operators comply with international safety standards, although this process does not involve public consultation or a Regulatory Impact Statement as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988 (section 98) grants the Governor-General the authority to establish regulations aimed at ensuring the safety of air navigation. Under this provision, the Civil Aviation Safety Regulations 1998 (regulation 39.001) empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. It is important to note that these ADs are considered disallowable instruments as per section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments under section 6 of the Legislative Instruments Act 2003.
Compliance with these airworthiness directives is mandatory for all relevant parties. The State of Design, in accordance with Annex 8 of the Convention on International Civil Aviation, bears the responsibility of ensuring the ongoing airworthiness of aircraft types and must furnish necessary information to the appropriate States of Registry. The State of Registry, on the other hand, must establish or adopt requirements to maintain the continuing airworthiness of individual aircraft. When a State of Design issues an AD, CASA, as the national airworthiness authority, is obligated to assess the information and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design.
Failure to comply with these airworthiness directives may result in civil or criminal consequences. The specific penalties for non-compliance are not detailed in the text, but it is evident that adherence to these directives is crucial to maintaining the safety and airworthiness of aircraft within Australia. Non-compliance could potentially lead to legal repercussions, including fines and other civil or criminal penalties as prescribed by relevant legislation.
In summary, the main provisions of this piece of legislation involve the issuance of airworthiness directives by CASA to ensure the safety of air navigation, in accordance with the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Compliance with these directives is mandatory for both States of Design and States of Registry, with potential civil or criminal consequences for non-compliance. The ADs are considered legislative instruments and are issued in response to Australia's obligations under the Convention on International Civil Aviation.