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 F-2004-142R1 affecting Eurocopter AS 332 model helicopters. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/S-PUMA/54, Amendment 1, which will become effective on 7 December 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 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 was enacted to establish a comprehensive legal framework for civil aviation in Australia, ensuring the safety, efficiency and orderly development of air transport. The Act empowers the Governor-General to make regulations for the purposes of the Act, particularly focusing on the safety of air navigation. In accordance with section 98 of the Act, the Civil Aviation Safety Regulations 1998 were established, delegating the Civil Aviation Safety Authority (CASA) with the responsibility to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs, which are legislative instruments, are crucial for maintaining the continuing airworthiness of aircraft as mandated by international standards, specifically Annex 8 to the Convention on International Civil Aviation. The policy objective is to ensure that Australia’s regulatory framework aligns with international obligations and maintains the highest standards of aviation safety.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the regulation of airworthiness directives (ADs) in Australia, aiming to ensure the safety of air navigation. Specifically, under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations necessary for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. These ADs are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The application of these ADs extends to all aircraft registered in Australia, and CASA, as the national airworthiness authority, must issue corresponding ADs when required by the State of Design, as per the Convention on International Civil Aviation. This legislation ensures that Australian ADs are consistent with international standards and obligations, thus maintaining the safety and airworthiness of aircraft within Australia's jurisdiction.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. This includes the ability to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. According to subregulation 39.001(5), an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thereby making it a legislative instrument under section 6 of the Legislative Instruments Act 2003. This regulatory framework is underpinned by Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design holds primary responsibility for the continuing airworthiness of an aircraft type and must furnish any necessary information to the appropriate States of Registry to ensure this airworthiness.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on parties and entities are significant. The State of Design, in this case, France for the Eurocopter AS 332 model helicopters, must issue ADs to address safety concerns and ensure the continued airworthiness of the aircraft type. In turn, the State of Registry, which is Australia for this specific case, must adopt or develop requirements to maintain the airworthiness of the aircraft on the Australian Register. CASA, as Australia’s national airworthiness authority, is mandated to assess the AD issued by the State of Design and, if appropriate, issue an Australian AD to enforce the necessary requirements. In this instance, CASA has issued Australian AD/S-PUMA/54, Amendment 1, in response to the French AD F-2004-142R1, effective from 7 December 2005.
The issuance of ADs under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 does not require consultation with the Australian public or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. This determination is based on the nature of ADs, which are issued to meet international obligations under the Convention on International Civil Aviation and in response to ADs from the State of Design. The AD is 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 absence of public consultation and the need for a Regulatory Impact Statement reflect the urgency and necessity of ensuring airworthiness through ADs, which are critical to maintaining safety standards in civil aviation.