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 2009-0164-E affecting Eurocopter AS 332 model aircraft. The EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/S-PUMA/66 Amdt 2, which will become effective on 31 July 2009.
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, Future Technology and Regulatory Trends in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, establishes a framework for ensuring the safety and efficiency of civil aviation in Australia. It delegates authority to the Civil Aviation Safety Authority (CASA) to issue regulations aimed at maintaining the safety of air navigation. In line with this mandate, the Civil Aviation Safety Regulations 1998 were introduced to provide detailed operational requirements for aircraft and aeronautical products. The problem the Act was designed to address is the need for a cohesive and enforceable regulatory system that ensures the highest safety standards in civil aviation, reflecting Australia's commitments under international conventions such as the Convention on International Civil Aviation. The policy objective of these regulations is to maintain and improve the safety of air navigation by setting forth comprehensive safety standards and compliance measures.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. This authority extends to mandating compliance with directives issued by the State of Design, ensuring that the continuing airworthiness of aircraft registered in Australia aligns with international standards set by the International Civil Aviation Organization (ICAO). The ADs are legislative instruments and are subject to disallowance as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are issued in accordance with the obligations under the Convention on International Civil Aviation, and they do not require public consultation or a Regulatory Impact Statement. This legislative framework ensures that CASA, as Australia's national airworthiness authority, can implement necessary measures to maintain the safety of aircraft operating within Australian jurisdiction, reflecting the responsibilities of both the State of Design and the State of Registry under Annex 8 of the Convention.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, grants the Governor-General the authority to create regulations that serve the purposes of the Act and ensure the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the power to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. It is important to note that these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
Compliance with the ADs is mandatory for all parties governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure the continuing airworthiness of the type to the appropriate State of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft. In the case of Australia, CASA must assess information from the State of Design and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
Failure to comply with the ADs may result in various consequences, as outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Offences and penalties for non-compliance may vary, depending on the specific requirements of the ADs and the jurisdiction in which the non-compliance occurs. In some cases, non-compliance may result in civil or criminal liability for the parties involved. It is essential for all parties to adhere to the ADs to ensure the safety of air navigation and to avoid potential penalties or legal consequences.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide CASA with the authority to issue airworthiness directives for specific types of aircraft or aeronautical products. Compliance with these ADs is mandatory for the State of Design, the State of Registry, and all other relevant parties. Failure to comply with the ADs may result in civil or criminal liability, as well as other potential consequences as outlined in the relevant legislation.