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 2006-0340 R1 affecting Eurocopter AS 332 model helicopters. EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/S-PUMA/68, Amendment 1, which will become effective on 27 September 2007. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate and ensure the safety of civil aviation in Australia. One of its key provisions is the authority granted to the Governor-General to make regulations that serve the interests of air navigation safety. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. These ADs, which are legislative instruments subject to disallowance, serve as a means to ensure the continuing airworthiness of aircraft in line with international standards. The policy objective underpinning this legislation is to harmonise Australia's civil aviation safety regulations with international obligations, particularly under Annex 8 of the Convention on International Civil Aviation, ensuring that the State of Registry maintains and enforces necessary airworthiness standards.
In response to an AD issued by the European Aviation Safety Authority (EASA) affecting Eurocopter AS 332 model helicopters, CASA has issued its own AD, AD/S-PUMA/68, Amendment 1, which mandates the requirements of EASA's AD 2006-0340 R1 for helicopters registered in Australia. This action is consistent with Australia's obligations under international conventions and does not require public consultation or a Regulatory Impact Statement. The AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the legislative framework provided by the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority. 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. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for kinds of aircraft or aeronautical products, which are legislative instruments under the Legislative Instruments Act 2003. These ADs are issued in response to airworthiness concerns identified by the State of Design or other contracting states under Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, is responsible for ensuring the continuing airworthiness of aircraft registered in Australia. This legislation applies to all aircraft and aeronautical products within Australia's jurisdiction and extends to mandating requirements specified in international ADs issued by other contracting states. The ADs do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation (Airworthiness) Regulations 1998, under section 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, which means they have the force of law, and they are intended to ensure the safety of air navigation. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make these regulations in the interest of aviation safety. In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design, which is the country where the aircraft is designed, bears overall responsibility for the continuing airworthiness of the aircraft type and must provide necessary information to ensure that the aircraft remains airworthy. The State of Registry, which is the country where the aircraft is registered, must also develop or adopt requirements to ensure the continuing airworthiness of the aircraft.
Under the Civil Aviation Safety Regulations 1998, when a State of Design issues an AD concerning a type of aircraft on the Australian Register, CASA must assess the information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. This is precisely what occurred in the case of the Eurocopter AS 332 model helicopters, for which the European Aviation Safety Authority (EASA) issued AD 2006-0340 R1 on behalf of France, the State of Design. CASA assessed this AD and issued Australian AD/S-PUMA/68, Amendment 1, effective from 27 September 2007. This new AD cancels and replaces the previous version.
Issuing an AD in response to an AD from a State of Design and due to Australia’s obligations under the Convention on International Civil Aviation means that no consultation of the Australian public has occurred for this particular AD. Additionally, the Office of Best Practice Regulation has determined that such ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Under these regulations, CASA is responsible for ensuring that ADs are issued appropriately and that they comply with international standards and obligations. Failure to comply with an AD can result in serious safety risks, and CASA can take enforcement action against non-compliant aircraft or operators. In terms of penalties, non-compliance with ADs can lead to civil penalties, including fines, as well as criminal penalties if the non-compliance results in an aviation accident or incident. The maximum penalties for such offences are specified in the Civil Aviation Act 1988 and can be substantial, reflecting the critical importance of adhering to airworthiness directives.