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 EASA has issued Emergency AD 2007-0082-E affecting Eurocopter Super Puma (AS 332) model helicopters. Europe is the State of Design for these types. CASA has assessed this AD and has issued Australian Telex AD/S-PUMA/69, which will become effective on 30 March 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, 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, enacted by the Australian Parliament, provides the legislative framework for civil aviation safety in Australia. It empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Complementing this, the Civil Aviation Safety Regulations 1998 establish the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft and aeronautical products. The objective of these ADs, as outlined in the Act and Regulations, is to ensure the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation and its Annexes. CASA, as Australia's national airworthiness authority, must evaluate and, if necessary, issue ADs in response to directives from the State of Design, maintaining compliance with international obligations and ensuring safety standards are upheld.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives are a legislative instrument and must comply with the requirements of the Legislative Instruments Act 2003. The State of Design, which is the state where the aircraft type was designed, holds the primary responsibility for the ongoing airworthiness of that type, including the dissemination of necessary information to States of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. In Australia, the State of Registry is responsible for ensuring the continuing airworthiness of individual aircraft. When a State of Design issues an AD, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the State of Design's requirements. For example, in response to an Emergency AD issued by the European Aviation Safety Agency (EASA) concerning Eurocopter Super Puma (AS 332) model helicopters, CASA issued Australian Telex AD/S-PUMA/69, effective from 30 March 2007. As this AD was issued to meet Australia’s obligations under international conventions and in response to a directive from the relevant State of Design, there was no public consultation or requirement for a Regulatory Impact Statement. The AD was issued by the Manager, New Technologies and Systems, within CASA's Manufacturing, Certification and New Technologies Office, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, outlines the framework for ensuring the safety of air navigation in Australia. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations that serve the interests of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. An AD is a legislative instrument under section 46A of the Acts Interpretation Act 1901, and its creation is governed by the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are significant for both CASA and the operators of aircraft. The State of Design, which is responsible for the continuing airworthiness of an aircraft type under Annex 8 of the Convention on International Civil Aviation, must provide necessary information to ensure the aircraft’s airworthiness. The State of Registry, in this case, Australia, is tasked with developing or adopting requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When the State of Design issues an AD, CASA must assess the information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. This ensures that Australian aircraft meet international safety standards.
Breaches of the provisions set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in significant civil and criminal consequences. Although specific penalties are not detailed in the text, non-compliance with ADs can lead to serious safety issues, potentially resulting in grounding of aircraft or other enforcement actions. Operators who fail to adhere to ADs may face legal action, including fines or other penalties as prescribed by relevant legislation. Such consequences underscore the critical importance of compliance with airworthiness directives to maintain the high safety standards required in the aviation industry.