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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/S-PUMA/60 Amdt 1 affecting Eurocopter AS 332 series helicopters. The EASA issued AD 2009-0275-E on 21 December 2009 which supersedes the requirements of AD/S-PUMA/60 Amdt 1 and as such this AD has been cancelled. The EASA acts on behalf of France which is the state of design for these helicopters. The cancellation will become effective on 11 January 2010.
No consultation with the Australian public has taken place on this AD cancellation. 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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, is designed to ensure the safety and efficiency of civil aviation in Australia. This legislation provides the legal framework for the regulation of civil aviation, including the issuance of airworthiness directives (ADs) to maintain the safety of aircraft. The Civil Aviation Safety Regulations 1998 further detail the processes and requirements for these ADs, which are crucial for ensuring the continuing airworthiness of aircraft types. The policy objective of this regulation is to maintain high safety standards in line with international obligations under the Convention on International Civil Aviation. The Civil Aviation (Safety and Other Purposes) Amendment Act 2010 facilitates the issuance and cancellation of ADs, ensuring that Australia's civil aviation safety regulations are kept up-to-date with international standards and practices.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, governs the safety aspects of air navigation in Australia. Under this legislative framework, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998. Such ADs are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are essential for ensuring the continuing airworthiness of aircraft types and are issued by most ICAO Contracting States, including Australia. The State of Design holds primary responsibility for an aircraft type's airworthiness, while the State of Registry is responsible for individual aircraft. CASA, as Australia's national airworthiness authority, must evaluate State of Design ADs and issue Australian ADs as necessary. This regulatory mechanism ensures that safety standards are consistently applied across the Australian aviation industry.
Key Provisions
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. Section 98 of the Act allows the Governor-General to create regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises CASA to issue these ADs. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments per section 6 of the Legislative Instruments Act 2003.
Entities subject to these ADs, particularly those registered in Australia, are obligated to comply with the directives issued by CASA. This includes adhering to any State of Design ADs that may affect their aircraft. For instance, if the State of Design, such as France for Eurocopter AS 332 series helicopters, issues an AD, CASA must assess and, if necessary, issue an Australian AD to enforce these requirements. The State of Registry, in this case Australia, must ensure that the aircraft meet the continuing airworthiness standards set forth by these directives. Such obligations extend to verifying compliance, maintaining records, and implementing any specified maintenance or modification requirements.
Failure to comply with ADs can result in serious legal consequences. Civil penalties may be imposed for non-compliance, with the exact penalties varying based on the severity of the breach. In some cases, criminal charges may be brought against individuals or entities that deliberately or negligently disregard ADs. The Civil Aviation Act 1988 does not explicitly state maximum penalties for breaches of ADs, but general aviation regulations and other applicable laws may provide further details. Additionally, CASA has the authority to take enforcement actions, including grounding non-compliant aircraft, which can have significant operational and financial repercussions for the operators involved.