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 2006-0252 affecting Eurocopter Gazelle 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/GAZELLE/30, Amendment 1 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, enacted by the Commonwealth Parliament, serves to regulate civil aviation within Australia, with a focus on ensuring the safety of air navigation. The Act empowers the Governor-General to issue regulations that align with the objectives of the Act, and section 98 specifically allows for the creation of regulations to promote air navigation safety. Complementing this, the Civil Aviation Safety Regulations 1998 grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and they require assessment and potential adoption by Australia's national airworthiness authority, CASA, in line with international standards set by the International Civil Aviation Organization (ICAO). The policy objective is to ensure that Australian aircraft meet international safety standards, thereby maintaining the safety of air navigation and complying with Australia’s obligations under international conventions.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are legislative instruments that fall under the purview of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are a manifestation of the State of Design's responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. Consequently, the State of Registry, in this case CASA for Australia, must ensure the aircraft's continuing airworthiness by either developing or adopting requirements to meet these international standards. This is exemplified in the case of the Eurocopter Gazelle model helicopters, where CASA issued AD/GAZELLE/30, Amendment 1, following an AD issued by the European Aviation Safety Authority on behalf of France, the State of Design. Given that these directives are issued in response to international obligations and in compliance with the Convention, they do not require public consultation or a Regulatory Impact Statement. Instead, they are crafted by CASA officials in adherence to the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance and enforcement of airworthiness directives (ADs). According to section 98 of the Act, the Governor-General has the authority to create regulations that safeguard air navigation, and under regulation 39.001 of the Regulations, the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products. Section 39.001(5) of the Regulations specifies that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
These ADs are vital for maintaining the continuing airworthiness of aircraft, a responsibility that falls upon the State of Design and the State of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design is tasked with ensuring the airworthiness of an aircraft type and must share necessary information with the States of Registry, which in turn must develop or adopt requirements to maintain the airworthiness of individual aircraft. In Australia, CASA, as the national airworthiness authority, is obligated to evaluate ADs issued by the State of Design and, if deemed appropriate, issue corresponding Australian ADs to enforce the requirements on the Australian Register. For example, following an AD issued by the European Aviation Safety Authority (EASA) concerning Eurocopter Gazelle model helicopters, CASA issued Australian AD/GAZELLE/30, Amendment 1, effective from 26 October 2006.
Issuing an AD under these circumstances does not require public consultation, as it is a result of international obligations and a response to an AD from the relevant State of Design. Additionally, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The Manager, Airframes in CASA’s Manufacturing, Certification and New Technologies Office issued this AD on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Entities governed by these regulations, including aircraft operators, manufacturers, and maintenance organisations, must adhere to the requirements set out in ADs. This includes complying with specified maintenance schedules, structural modifications, and operational limitations to ensure the safety and airworthiness of the aircraft. Failure to comply with an AD can result in serious consequences, including potential grounding of the aircraft, fines, and other legal penalties. The severity of the penalties depends on the nature and extent of the non-compliance, with maximum penalties specified under relevant aviation regulations and Acts.