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 has issued AD UF-2005-104 affecting AS 332C, C1, L, L1 and AS 332L2 aircraft. France is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/S-PUMA/60, (Eurocopter AS 332 (Super Puma) Series Helicopters) which will become effective on 30 June 2005.
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, enacted by the Australian Parliament, serves as the foundational legislation for regulating civil aviation in Australia. This Act establishes the Civil Aviation Safety Authority (CASA) and provides it with the authority to create regulations aimed at ensuring the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue airworthiness directives (ADs) for various types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901. The policy objective of these regulations is to ensure that aircraft meet the necessary safety standards, aligning with Australia’s obligations under international aviation conventions, particularly Annex 8 to the Convention on International Civil Aviation, which places the responsibility for an aircraft's continuing airworthiness on the State of Design and State of Registry. The ADs are crucial for maintaining these standards and ensuring that the continuing airworthiness of aircraft is effectively managed.
Scope and Application
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 together provide the legal framework for the issuance of airworthiness directives (ADs) in Australia. The Act empowers the Governor-General to make regulations for the safety of air navigation, while the Regulations allow the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. These ADs are considered legislative instruments and fall under the purview of the Legislative Instruments Act 2003. The ADs are mandated by the State of Design of an aircraft type under Annex 8 to the Convention on International Civil Aviation, and the State of Registry is responsible for ensuring the continuing airworthiness of the aircraft. In response to foreign ADs, CASA assesses the information and issues corresponding Australian ADs where necessary. Exemptions from public consultation and Regulatory Impact Statements apply to ADs as they are not subject to the usual legislative scrutiny processes. This process ensures that Australian aviation safety standards align with international obligations and requirements.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations for air navigation safety. Pursuant to this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is thus a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the AD are primarily concerned with ensuring the continuing airworthiness of aircraft. According to Annex 8 of the Convention on International Civil Aviation, the State of Design is responsible for the ongoing airworthiness of a particular aircraft type and must provide necessary information to states where the aircraft are registered. The State of Registry, in turn, must establish or adopt requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction. In the case of Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue an Australian AD to enforce the requirements set by the State of Design.
The Civil Aviation Safety Regulations 1998 mandate that when the State of Design issues an AD, CASA must evaluate the information and, if necessary, issue an Australian AD. This process was followed in the case of AD UF-2005-104 issued by France for the AS 332C, C1, L, L1, and AS 332L2 aircraft, which CASA has translated into Australian AD/S-PUMA/60. This AD will take effect on 30 June 2005. Given that this AD is a result of Australia's obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, no public consultation was required. Additionally, the Office of Regulatory Review has concluded that ADs do not necessitate a Regulatory Impact Statement.
Under the Civil Aviation Act 1988, CASA is authorised to issue ADs to ensure compliance with safety regulations. Failure to comply with these ADs can result in severe penalties. The Civil Aviation Act 1988 provides for both civil and criminal penalties for non-compliance with ADs. Civil penalties can include fines up to a maximum of $22,200 per infringement for individuals and substantially higher amounts for corporations. Additionally, criminal penalties can be imposed, which may include fines of up to $111,000 and imprisonment for up to five years for individuals, and even higher fines for corporations. These stringent penalties underscore the importance of adhering to the ADs to maintain the safety standards set forth by the regulations.