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 332 Super Puma model helicopters. EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/S-PUMA/52, 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 introduced to provide a legislative framework governing the safety and regulation of civil aviation in Australia. One of the key provisions of this Act is the ability of the Governor-General to make regulations aimed at ensuring the safety of air navigation. In line with this objective, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, which are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, are critical in maintaining the continuing airworthiness of aircraft, as mandated by the Convention on International Civil Aviation and its Annex 8. CASA's role, as Australia's national airworthiness authority, involves assessing ADs issued by the State of Design and, where necessary, issuing corresponding Australian ADs to ensure compliance with international standards.
Scope and Application
The Civil Aviation Act 1988 and its associated Civil Aviation Safety Regulations 1998 govern the scope and application of airworthiness directives (ADs) in Australia, ensuring the safety of air navigation and continuing airworthiness of aircraft registered in Australia. Under the authority granted by section 98 of the Civil Aviation Act 1988, and specifically through regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specified kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. The ADs apply to all aircraft and aeronautical products registered within Australia and are mandated to maintain the safety standards set forth by the Convention on International Civil Aviation. The State of Registry, in this case CASA, must ensure that all aircraft meet the continuing airworthiness requirements as dictated by the relevant ADs issued by the State of Design, with CASA's ADs being issued to reflect the requirements of international directives, such as those issued by the European Aviation Safety Authority (EASA) for aircraft designed in member states like France. Given that ADs are directly tied to international obligations and are responses to directives from States of Design, they do not require public consultation or a Regulatory Impact Statement.
Key Provisions
Under the Civil Aviation Act 1988, the Governor-General is empowered to enact regulations to ensure the safety of air navigation (section 98). According to 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 types of aircraft or aeronautical products. These ADs are considered legislative instruments as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are governed by section 6 of the Legislative Instruments Act 2003.
Airworthiness directives are essential tools for maintaining the continuing airworthiness of aircraft. The State of Design, which is responsible for an aircraft type under Annex 8 to the Convention on International Civil Aviation, must provide necessary information to ensure the aircraft's airworthiness. The State of Registry, which is responsible for the individual aircraft, must then develop or adopt requirements to ensure continuing airworthiness. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
For instance, the European Aviation Safety Authority (EASA) issued AD 2006-0098 for Eurocopter AS 332 Super Puma model helicopters, on behalf of France, the State of Design. CASA evaluated this AD and issued Australian AD/S-PUMA/52, Amendment 1, effective from 31 August 2006, which supersedes the previous issue. This AD was issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design. Therefore, no public consultation was required for this AD, and the Office of Regulatory Review determined that it does not necessitate a Regulatory Impact Statement.
The AD was 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. The ADs mandate specific obligations on the parties and entities they govern, including compliance with the directives issued by CASA to ensure the continuing airworthiness of aircraft registered in Australia. Failure to comply with these directives can result in severe civil and criminal consequences, including hefty fines and imprisonment, as stipulated by the relevant provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.