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 French DGAC has issued AD UF-2005-161 affecting Eurocopter SA 341 G and SA 342 J model aircraft. France is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/GAZELLE/32, which will become effective on 21 September 2005.
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 was enacted to establish a legislative framework for the safety and regulation of civil aviation within Australia. The Act empowers the Governor-General to make regulations to ensure the safety of air navigation. Specifically, under section 98, the Governor-General can create regulations in the interest of aviation safety. Complementing this, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, as stipulated in regulation 39.001. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. The policy objective of these regulations is to align Australian practices with international standards, particularly those set out in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design must ensure the continuing airworthiness of an aircraft type, with the State of Registry responsible for the individual aircraft's continuing airworthiness. Consequently, when a State of Design issues an AD, CASA must assess and, if necessary, issue a corresponding Australian AD to enforce the required safety measures.
Scope and Application
The Civil Aviation Act 1988 applies to the regulation of civil aviation in Australia, with the Act empowering the Governor-General to make regulations in the interests of air navigation safety. Under this Act, and specifically through regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments that are subject to disallowance under the Acts Interpretation Act 1901 and are created in accordance with the Legislative Instruments Act 2003. The geographic reach of this legislation is national, as CASA acts on behalf of Australia to ensure compliance with international standards set by the International Civil Aviation Organization (ICAO). The ADs are generally issued in response to continuing airworthiness information provided by the State of Design, with CASA issuing Australian ADs as necessary. Notably, the ADs are not subject to public consultation or a Regulatory Impact Statement, as they are mandated by international obligations and directly respond to directives from the State of Design.
Key Provisions
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, lays out the framework for issuing airworthiness directives (ADs) to ensure the safety of aircraft. Section 98 of the Act empowers the Governor-General to create regulations that serve the interests of air navigation safety. Regulation 39.001 specifically authorises the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and it is recognised as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations under the Civil Aviation Act 1988 and its associated regulations are multifaceted. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure that aircraft maintain their airworthiness. The State of Registry, where the aircraft is registered, must also develop or adopt requirements to ensure the continuing airworthiness of the aircraft. CASA, acting as Australia’s national airworthiness authority, is tasked with assessing information from the State of Design and issuing corresponding ADs if necessary. This ensures that Australian-registered aircraft meet international safety standards.
Failure to comply with the requirements set forth in an AD can result in severe consequences. The regulations impose strict compliance mandates on aircraft operators and owners. Non-compliance with ADs may lead to civil penalties, including fines and potential grounding of the aircraft. Additionally, under the Civil Aviation Act 1988, CASA has the authority to take enforcement actions against those who do not adhere to ADs, which can include hefty fines and other sanctions. The seriousness of these penalties underscores the importance of compliance with ADs for maintaining the safety of air navigation.