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 2006-0183-E affecting Eurocopter AS 350 B3 model aircraft. The EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/ECUREUIL/95, Amendment 1, which will become effective on10 July 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, New Technologies and Systems, 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, provides the framework for ensuring the safety and efficiency of civil aviation within Australia. This Act empowers the Governor-General to issue regulations that are essential for the safety of air navigation. One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are designed to address identified safety issues and ensure that aircraft remain in a safe condition for operation. This legislative mechanism fills a critical gap by enabling CASA to mandate necessary safety measures in response to directives issued by the aircraft's State of Design or other relevant authorities, thereby maintaining the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft and aeronautical products. These directives are legislative instruments that ensure compliance with international standards and the continuing airworthiness of aircraft registered in Australia. The scope of these ADs extends to all aircraft types registered in Australia, and their application is mandated by CASA in response to directives issued by the State of Design, such as the European Aviation Safety Agency (EASA) in the case of certain Eurocopter models. The ADs issued by CASA are designed to harmonise with international obligations under the Convention on International Civil Aviation and do not require public consultation or a Regulatory Impact Statement due to their technical nature and direct alignment with international safety directives. The ADs are issued by designated authorities within CASA, specifically under the authority granted by the Act, and serve to enforce safety measures that are critical for the operation of aircraft within Australian airspace.
Key Provisions
The primary sections relevant to this piece of legislation include section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the purposes of the Act, and regulation 39.001 of the Civil Aviation Safety Regulations 1998, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Section 39.001(5) further clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus constitutes a legislative instrument as per section 6 of the Legislative Instruments Act 2003. These sections establish the framework within which CASA can issue directives to ensure the safety and airworthiness of aircraft in Australia.
The obligations imposed by the Act and the accompanying regulations primarily rest with CASA. As Australia's national airworthiness authority, CASA must assess information provided by the State of Design, which is responsible for the continuing airworthiness of an aircraft type, and determine whether to issue an Australian AD. This process ensures that all aircraft registered in Australia meet the necessary safety standards. Moreover, the State of Registry of an individual aircraft, which is responsible for the aircraft's continuing airworthiness, must develop or adopt requirements to ensure compliance with ADs issued by CASA.
The legislation also addresses the consequences of non-compliance with ADs. While the specific offences and penalties are not detailed within the text, the issuance of ADs is a critical mechanism for maintaining air safety. Failure to comply with an AD could potentially lead to severe civil or criminal consequences, including the grounding of aircraft, fines, or other penalties as prescribed by the relevant aviation safety laws. The severity of these consequences underscores the importance of adhering to ADs to ensure the safety of air navigation.
The European Aviation Safety Agency (EASA) has issued AD 2006-0183-E concerning the Eurocopter AS 350 B3 model aircraft, and CASA has responded by issuing Australian AD/ECUREUIL/95, Amendment 1. This AD, which will become effective on 10 July 2006, cancels and replaces the previous issue. The issuance of this AD is a direct result of Australia's obligations under the Convention on International Civil Aviation and the need to respond to the AD raised by the relevant State of Design. Given these circumstances, no consultation of the Australian public has taken place on this AD, and the Office of Regulatory Review has determined that such ADs do not require a Regulatory Impact Statement. This process reflects the efficient and responsive nature of Australia's regulatory framework in maintaining aviation safety standards.