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 Super Puma 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/S‑PUMA/53, 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 Australian Parliament, aims to ensure the safety and efficiency of civil aviation in Australia. The Act empowers the Governor-General to make regulations to enhance air navigation safety, which includes the issuance of airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft. Under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products, aligning with international standards set forth in the Convention on International Civil Aviation. The ADs are legislative instruments that require assessment and potential adaptation by CASA when issued by a State of Design, such as the European Aviation Safety Authority (EASA) for the Eurocopter Super Puma model helicopters. This legislative framework ensures that Australia meets its international obligations and maintains high safety standards in civil aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. This legislation applies to all aircraft and aeronautical products within Australia, with CASA having the responsibility to issue such directives when necessary. ADs are considered legislative instruments under the Legislative Instruments Act 2003, and their issuance is mandated by international obligations under the Convention on International Civil Aviation, specifically Annex 8. The State of Design for an aircraft type holds overall responsibility for continuing airworthiness, and ADs are a common form of continuing airworthiness information issued by ICAO Contracting States. In Australia, the State of Registry is responsible for the continuing airworthiness of individual aircraft, and CASA, as the national airworthiness authority, must assess and implement ADs issued by the State of Design. For instance, following an AD issued by the European Aviation Safety Authority (EASA) affecting Eurocopter Super Puma model helicopters, CASA has issued an Australian AD, which will become effective on 26 October 2006. As ADs are issued in response to international obligations and do not require public consultation or a Regulatory Impact Statement, they are created by CASA on behalf of the Australian government.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legal framework for ensuring the safety of air navigation in Australia, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). According to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the Act, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue ADs for specific types of aircraft or aeronautical products. These ADs serve as a crucial means of ensuring the continuing airworthiness of aircraft, and they are considered legislative instruments under the Legislative Instruments Act 2003.
The obligations and requirements imposed by the Act and the Regulations are significant. Under Annex 8 of the Convention on International Civil Aviation, the State of Design (in this case, France for the Eurocopter Super Puma model helicopters) has the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry to ensure the ongoing safety of the aircraft. In Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the safety requirements. This ensures that Australian-registered aircraft meet the same safety standards as those required by the State of Design.
Failure to comply with the provisions of an AD can result in serious consequences. The Civil Aviation Safety Regulations 1998 outline that non-compliance with ADs can lead to criminal and civil penalties. Specifically, under regulation 39.004, the maximum penalty for an individual who contravenes an AD is 2,000 penalty units, which equates to approximately AUD 420,000. Additionally, corporations face a penalty of up to 20,000 penalty units, or approximately AUD 4.2 million. These stringent penalties underscore the importance of adhering to ADs to maintain the safety of air navigation. Furthermore, continued non-compliance can result in the grounding of affected aircraft, which would have significant operational and safety implications for the aviation industry.