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.
France issued UF-2005-104, affecting all AS332 type aircraft, in 2005. France is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to Amendment 1. The amended AD,
AD/S-PUMA/60 Amendment 1, will become effective on 30 June 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 Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia and ensure the safety of air navigation. Under this Act, the Governor-General has the authority to make regulations, including the issuing of airworthiness directives (ADs), to maintain safety standards. The Civil Aviation Safety Regulations 1998 further specify that the Civil Aviation Safety Authority (CASA) can issue ADs for certain types of aircraft or aeronautical products, which are considered legislative instruments. This legislative framework ensures that Australia adheres to its international obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft. CASA, as the national airworthiness authority, assesses ADs issued by the State of Design and, if necessary, issues corresponding ADs for aircraft registered in Australia, thereby maintaining the safety standards required by Annex 8 of the Convention.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, serving to mandate safety requirements and ensure the continuing airworthiness of aircraft in Australia. These ADs are legislative instruments that extend across the Commonwealth, aligning with the international obligations under Annex 8 to the Convention on International Civil Aviation. Each AD is issued in response to an equivalent directive from the State of Design or as a result of CASA's own assessment, ensuring compliance with international safety standards. The ADs do not require public consultation or a Regulatory Impact Statement, as they are directly tied to international safety directives. These regulations apply to all aircraft registered in Australia and are enforceable by CASA as the national airworthiness authority.
Key Provisions
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 establish the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers CASA to issue ADs for certain kinds of aircraft or aeronautical products. This regulatory authority is grounded in the need to maintain airworthiness and safety in line with international standards, particularly under Annex 8 to the Convention on International Civil Aviation.
CASA, as Australia’s national airworthiness authority, has the obligation to assess any ADs issued by the State of Design and, if necessary, issue equivalent ADs for aircraft on the Australian Register. This is crucial for ensuring that all aircraft meet the required safety standards. For instance, when France, the State of Design for the AS332 type aircraft, issued UF-2005-104, CASA responded by amending the Australian AD to Amendment 1. This action ensures that the safety directives issued by the State of Design are implemented within the Australian context. The State of Registry, in this case CASA, must also ensure the continuing airworthiness of individual aircraft, which involves adopting or developing necessary requirements and standards.
Failure to comply with ADs can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD may result in a range of civil or criminal penalties, depending on the severity of the breach. For example, failing to adhere to an AD can lead to the grounding of an aircraft, fines, and potentially criminal charges. The specific penalties can vary, but they are designed to enforce strict adherence to safety regulations to protect public safety and maintain the integrity of the aviation system.
An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is treated as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. This means that ADs carry the weight of law and must be rigorously followed by all relevant parties. The process of issuing and amending ADs is conducted in close alignment with international standards and obligations, ensuring that Australia’s aviation safety regulations are consistent with global best practices.