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 affecting AS 332 Super Puma 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, which will become effective on 15 February 2007.
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 Manager, Airframes 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, enacted by the Parliament of Australia, serves as the foundational legislation for civil aviation safety within the country. It establishes the framework for ensuring the safety of air navigation and the continuing airworthiness of aircraft, in alignment with international standards set by the Convention on International Civil Aviation. The Act empowers the Governor-General to issue regulations that further the safety of air navigation, which are exercised through bodies such as the Civil Aviation Safety Authority (CASA). One significant regulation under this Act is the Civil Aviation Safety Regulations 1998, which allow CASA to issue airworthiness directives (ADs) to mandate safety requirements for specific aircraft or aeronautical products. These ADs are legislative instruments that CASA issues in response to international directives or based on national assessments to ensure that aircraft meet continuing airworthiness standards.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that pertain to specific types of aircraft or aeronautical products. These directives are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901, and they are issued in accordance with Annex 8 to the Convention on International Civil Aviation, which delineates the responsibilities of the State of Design and the State of Registry concerning the continuing airworthiness of aircraft. When a State of Design, such as France through the European Aviation Safety Authority (EASA), issues an AD, CASA must assess the information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. The issuance of ADs is integral to ensuring the continuing airworthiness of aircraft registered in Australia, and these directives do not require public consultation or a Regulatory Impact Statement as determined by the Office of Regulatory Review.
Key Provisions
The main operative sections of this legislation involve the issuance and enforcement of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations that promote the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows CASA to issue ADs for particular types of aircraft or aeronautical products. Section 39.001(5) clarifies that these ADs are legislative instruments, meaning they carry the force of law. In this case, CASA has issued Australian AD/S-PUMA/68, an AD affecting AS 332 Super Puma model helicopters, in response to an AD issued by the European Aviation Safety Authority (EASA) on behalf of the State of Design, France. This AD will become effective on 15 February 2007.
The obligations imposed on parties by this Act primarily concern the maintenance of aircraft airworthiness. According to Annex 8 to the Convention on International Civil Aviation, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to the State of Registry. The State of Registry must then develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. CASA, as Australia's national airworthiness authority, must assess ADs issued by States of Design and, if appropriate, issue corresponding Australian ADs. This means that operators of affected aircraft must comply with the requirements outlined in the AD to maintain their aircraft's airworthiness. Non-compliance could result in the aircraft being grounded or denied entry to Australian airspace.
Failure to comply with the requirements of an AD can lead to various civil and criminal consequences. Civil Aviation Order 39.001 imposes obligations on aircraft operators and owners to comply with ADs, and failure to do so can result in enforcement actions by CASA. Such actions may include fines, suspension or revocation of an aircraft's certificate of airworthiness, or other administrative penalties. In more serious cases, non-compliance with ADs can lead to criminal charges under section 237 of the Civil Aviation Act 1988, which imposes penalties of up to two years imprisonment, or fines up to $22,000 for individuals, and up to $110,000 for bodies corporate. The maximum penalties for breaching ADs highlight the importance of compliance with these safety measures.