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 French DGAC issued AD F-2004-031 R1, affecting Eurocopter Super Puma AS332 Helicopters, in 2005. France is the State of Design for Super Puma Helicopters. As a result of a request from industry, CASA has amended the equivalent Australian AD to Amendment 1. The amended AD, AD/S-PUMA/51 Amendment 1, will become effective on 4 August 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 - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, governs various aspects of civil aviation, including the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. This legislation empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, as stipulated under the Civil Aviation Safety Regulations 1998. The primary objective of these regulations is to mandate the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO) and the Convention on International Civil Aviation. When the State of Design issues an AD, CASA must review and, if necessary, issue a corresponding Australian AD to enforce the requirements. This process ensures that Australian-registered aircraft meet international safety standards and facilitates the safe and efficient operation of air transport within Australia and globally.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Regulations 1998, applies to the issuance of airworthiness directives, which are regulatory instruments aimed at ensuring the safety of air navigation. These regulations empower the Civil Aviation Safety Authority (CASA) to issue such directives for specific types of aircraft or aeronautical products under regulation 39.001 of the Civil Aviation Safety Regulations 1998. As per subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, these directives are considered disallowable instruments and, therefore, legislative instruments under section 6 of the Legislative Instruments Act 2003. The scope of the Act and its regulations extends to mandating the continuing airworthiness of aircraft registered in Australia, in alignment with the obligations under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for ensuring the continuing airworthiness of an aircraft type. In the case of Australia, CASA, as the national airworthiness authority, is tasked with assessing and issuing corresponding directives when required by the State of Design. This jurisdictional reach ensures compliance with international standards and the safety of air navigation within Australia.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products under regulation 39.001(5) (section 98). These ADs are legislative instruments that are disallowable under section 46A of the Acts Interpretation Act 1901 and governed by section 6 of the Legislative Instruments Act 2003. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure airworthiness to appropriate States of Registry, aligning with Annex 8 to the Convention on International Civil Aviation. The State of Registry, such as CASA in Australia, is then responsible for assessing this information and issuing appropriate ADs to mandate continuing airworthiness requirements.
The obligations imposed on CASA and other entities under these regulations include the duty to assess and respond to ADs issued by the State of Design, particularly when these ADs pertain to aircraft on the Australian Register. CASA must evaluate the information provided by the State of Design, such as France in the case of the Super Puma Helicopters, and determine if an Australian AD is necessary. If so, CASA must issue an AD that mandates the requirements of the State of Design. Furthermore, these entities must ensure that the ADs issued are compliant with international standards and obligations, particularly under the Convention on International Civil Aviation. Additionally, the ADs must be issued in a timely manner to maintain the safety of air navigation.
Failure to comply with the ADs may result in significant civil or criminal consequences. Under the Civil Aviation Act 1988, any person who contravenes an AD can be subject to enforcement actions. The specific penalties for breaching an AD are not explicitly stated in the provided text, but generally, such breaches can lead to enforcement actions that may include fines and other penalties prescribed under the Act. Additionally, continued non-compliance can result in more severe consequences such as the grounding of the aircraft, which can have substantial operational and financial implications for the operators. The gravity of these penalties underscores the importance of adhering to the ADs to ensure the safety of air navigation.