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 2006-0098 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/94, Amendment 1, which will become effective on 31 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, enacted by the Commonwealth Parliament, was designed to ensure the safety and efficiency of civil aviation within Australia. The Act provides a framework for the regulation of civil aviation and the safety of air navigation. One of the key mechanisms for ensuring safety is through the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to mandate compliance with safety standards for aircraft and aeronautical products. The policy objective underpinning these regulations is to maintain and enhance the safety of air navigation in accordance with international standards set by the Convention on International Civil Aviation. In response to international obligations and safety imperatives, CASA has the authority to issue ADs, such as the Australian AD/ECUREUIL/94, Amendment 1, which was issued following an assessment of an AD by the European Aviation Safety Authority (EASA) for Eurocopter AS 350 Ecureuil model helicopters. This legislative framework ensures that Australia meets its commitments under international aviation conventions while maintaining the highest safety standards for its domestic aviation industry.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, encompasses the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. These ADs apply to specific kinds of aircraft or aeronautical products, with the State of Registry responsible for the continuing airworthiness of individual aircraft and the State of Design responsible for providing necessary information for the continuing airworthiness of aircraft types. This legislative framework mandates CASA to assess any ADs issued by the State of Design and, if appropriate, to issue corresponding Australian ADs to enforce the necessary requirements. The issuance of ADs is also in accordance with Annex 8 to the Convention on International Civil Aviation, which outlines the responsibilities of the States of Design and Registry. Notably, this process does not involve consultation with the Australian public or require a Regulatory Impact Statement. The ADs are legislative instruments that are subject to disallowance under the Acts Interpretation Act 1901, and their creation follows the regulatory review processes outlined in the Legislative Instruments Act 2003.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act's purposes, which include ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are disallowable under the Acts Interpretation Act 1901. The State of Design, responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure airworthiness to the States of Registry. In this case, the State of Registry is Australia, and CASA is tasked with assessing and, if necessary, issuing an Australian AD to comply with the State of Design’s requirements.
Under these regulations, CASA is obligated to assess any ADs issued by the State of Design that affect aircraft on the Australian Register. For instance, the European Aviation Safety Authority (EASA) issued AD 2006-0098 for Eurocopter AS 350 Ecureuil model helicopters. As the State of Design for this aircraft type, France mandated this directive, which CASA assessed and subsequently issued as Australian AD/ECUREUIL/94, Amendment 1, effective from 31 August 2006. This AD replaces its previous iteration, reflecting the updated requirements for maintaining the airworthiness of the specified aircraft.
The issuance of these ADs does not require consultation with the Australian public or a Regulatory Impact Statement, as they are made in response to international obligations under the Convention on International Civil Aviation and the specific requirements of the State of Design. CASA, acting as Australia's national airworthiness authority, issues these directives in compliance with subsection 84A(2) of the Civil Aviation Act 1988. The ADs are prepared by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA.
Failure to comply with an AD can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with an airworthiness directive is an offence, potentially resulting in both civil and criminal penalties. Civil penalties can include fines, while criminal penalties may include imprisonment. The maximum penalties for contravening ADs are significant, reflecting the importance of adhering to these directives to ensure aviation safety.