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-2005-154 affecting Eurocopter AS 332 L2 model aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/S-PUMA/63, which will become effective on 5 September 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 Acting Manager, New Technologies and Systems, 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 provide for the regulation of civil aviation in Australia, focusing on ensuring the safety of air navigation and the continuing airworthiness of aircraft. Under this Act, the Governor-General has the authority to make regulations necessary for the safety of air navigation, which includes the issuance of airworthiness directives (ADs). These ADs are mandated by regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. In accordance with the Legislative Instruments Act 2003, ADs are considered legislative instruments, and thus, they require disallowance under the Acts Interpretation Act 1901. The ADs serve as a mechanism for Australia to comply with its international obligations under the Convention on International Civil Aviation, particularly the responsibilities of the State of Design for continuing airworthiness and the State of Registry for individual aircraft.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, facilitates the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. These directives apply to specific types of aircraft or aeronautical products, mandated by regulation 39.001. Such ADs are considered legislative instruments and are subject to disallowance as per section 46A of the Acts Interpretation Act 1901. The ADs align with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design retains responsibility for the continuing airworthiness of an aircraft type, with the State of Registry ensuring compliance with these standards. CASA, acting as Australia’s national airworthiness authority, assesses information from foreign ADs and issues corresponding Australian ADs when necessary. For example, in response to the French DGAC's AD F-2005-154 affecting Eurocopter AS 332 L2 model aircraft, CASA issued Australian AD/S-PUMA/63. Given the international obligations and the direct response to a State of Design’s AD, there is no requirement for public consultation or a Regulatory Impact Statement on these directives. The ADs are made by authorised CASA officials in line with the Act’s provisions.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to enact regulations aimed at enhancing the safety of air navigation. Under this authority, 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. Importantly, subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 stipulates that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore, it is considered a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by this Act and its regulations on the parties and entities it governs include ensuring the continuing airworthiness of aircraft types. According to Annex 8 to the Convention on International Civil Aviation, the State of Design bears the primary responsibility for the ongoing airworthiness of a particular aircraft type and must furnish any necessary information to the States of Registry to maintain this airworthiness. Consequently, the State of Registry must establish or adopt requisite measures to uphold the airworthiness of aircraft. When the State of Design issues an AD concerning a type of aircraft registered in Australia, CASA must evaluate the provided information and, if deemed necessary, issue an Australian AD to enforce the State of Design’s requirements.
Failure to comply with the provisions of the Civil Aviation Act 1988 and the associated regulations may result in various consequences. Civil Aviation Orders, which are subordinate legislation under section 84A of the Act, can be issued to enforce compliance with the Act and the Regulations. Non-compliance with these orders may result in civil penalties, including fines and imprisonment, as stipulated by section 135 of the Act. The maximum penalties for contraventions of these provisions can be significant, reflecting the critical importance of aviation safety.
Given the international nature of aviation and the adherence to the Convention on International Civil Aviation, the process for issuing ADs does not typically involve public consultation, as evidenced by the issuance of AD/S-PUMA/63 in response to the French DGAC’s AD F-2005-154. Additionally, the Office of Regulatory Review has concluded that ADs do not necessitate a Regulatory Impact Statement, streamlining the legislative process. The AD in question was made by the Acting Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office at CASA, in accordance with subsection 84A(2) of the Act, ensuring the directives are issued in a timely and efficient manner to maintain aviation safety standards.