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 2007-0105 affecting Eurocopter AS 332 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/56, Amendment 2, which will become effective on 27 September 2007. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate the safety and efficiency of civil aviation in Australia. The Act provides the legal framework for the Australian Civil Aviation Authority (CASA) to administer civil aviation safety standards and practices, ensuring the protection of life and property in the air, on the ground, and in the waters of Australia. The 1998 Civil Aviation Safety Regulations complement the Act by detailing specific safety requirements for aircraft and aeronautical products. One significant aspect of these regulations is the issuance of airworthiness directives (ADs) to maintain and ensure the continuing airworthiness of aircraft. The ADs are issued in compliance with international standards set by the International Civil Aviation Organization (ICAO) and are considered legislative instruments under the Legislative Instruments Act 2003. The Civil Aviation Act 1988 and the associated regulations were enacted by the Australian Parliament to address the need for a robust regulatory framework for ensuring the safety and efficiency of civil aviation in Australia, aligning with international standards and obligations.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. Specifically, under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue ADs for kinds of aircraft or aeronautical products. These ADs, being disallowable instruments, are legislative instruments under section 6 of the Legislative Instruments Act 2003. The application of this legislation extends to all aircraft on the Australian Register, with CASA acting as the national airworthiness authority to assess and implement ADs issued by the States of Design or other jurisdictions. Notably, ADs are issued in response to international obligations under the Convention on International Civil Aviation, particularly Annex 8, and do not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. This process was exemplified by the issuance of Australian AD/S-PUMA/56, Amendment 2, in response to EASA's AD 2007-0105 for Eurocopter AS 332 model helicopters.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to make regulations for air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003, and it is a disallowable instrument pursuant to section 46A of the Acts Interpretation Act 1901.
The obligations under this Act primarily rest with CASA, which is responsible for ensuring the continuing airworthiness of aircraft registered in Australia. This includes the duty to assess ADs issued by the State of Design, such as those from the European Aviation Safety Authority (EASA) on behalf of France for the Eurocopter AS 332 model helicopters, and to issue corresponding Australian ADs if necessary. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. Meanwhile, the State of Registry, in this case CASA, must ensure that the aircraft registered within its jurisdiction remain airworthy by implementing the mandated requirements.
The Civil Aviation Safety Regulations 1998 impose several requirements on the parties governed by the Act. CASA must evaluate ADs issued by the State of Design and determine their applicability to Australian-registered aircraft. If an AD is relevant, CASA must issue an Australian AD to enforce the required safety measures. The ADs must be clear, comprehensive, and aligned with international standards to ensure the safety of air navigation. The State of Registry must also ensure that all ADs are communicated effectively to aircraft owners and operators and that the necessary actions are taken to comply with the directives.
Failure to comply with an airworthiness directive can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, potentially leading to both civil and criminal penalties. The severity of these penalties varies depending on the nature and extent of the non-compliance. For instance, knowingly continuing to operate an aircraft in a manner that contravenes an AD can result in significant fines and even imprisonment. The maximum penalties are specified in the relevant sections of the Act and depend on whether the offence is considered a strict liability offence or if it involves intentional disregard of the AD requirements.