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 EASA has issued AD 2007-0099 affecting Eurocopter AS 332 helicopters. The EASA is the State of Design for these helicopters. CASA has assessed this AD and has issued Australian AD/S-PUMA/70 which will become effective on 7 June 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 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia. It was introduced to address the need for a unified legislative basis to ensure the safety, efficiency, and orderly development of civil aviation within the country. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation. One significant regulation, the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft and aeronautical products, establishing standards and mandating actions to maintain the continuing airworthiness of aircraft. These directives are critical in ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). The ADs are considered legislative instruments under the Legislative Instruments Act 2003, and their issuance reflects Australia's commitment to international civil aviation obligations. CASA, acting on behalf of the nation, assesses and, when necessary, issues Australian ADs in response to directives from the State of Design, ensuring alignment with global safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, apply to aircraft and aeronautical products in Australia, with a particular focus on ensuring their continuing airworthiness. This Act applies to all aircraft registered in Australia, their operators, and other relevant entities within the aviation industry. The regulations allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure that the safety standards of aircraft and aeronautical products are maintained. These directives are legislative instruments and are issued in accordance with international obligations under the Convention on International Civil Aviation. The scope of the ADs extends to mandating specific actions or requirements to ensure compliance with safety standards. In the case of the Eurocopter AS 332 helicopters, the European Union Aviation Safety Agency (EASA) issued an AD, which CASA then assessed and adopted as an Australian AD, reflecting Australia’s adherence to international aviation safety protocols. Exemptions or thresholds for issuing ADs are generally determined by the severity of the safety issue and the need for immediate action, with specific details often provided in the ADs themselves.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to make regulations that ensure the safety of air navigation. The Civil Aviation Safety Regulations 1998, under regulation 39.001, specifically allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory framework is designed to maintain the safety standards and airworthiness of aircraft in Australia.
These airworthiness directives are legislative instruments under subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 and the Acts Interpretation Act 1901, and they must comply with the Legislative Instruments Act 2003. The State of Design, in accordance with Annex 8 to the Convention on International Civil Aviation, holds primary responsibility for ensuring the continuing airworthiness of aircraft types. This responsibility includes providing necessary information to States of Registry to maintain the safety standards. The State of Registry, which in Australia is CASA, is tasked with ensuring the continuing airworthiness of individual aircraft by developing or adopting appropriate requirements.
The Civil Aviation Safety Regulations 1998 mandate that when a State of Design issues an AD, CASA must assess the information and, if necessary, issue an Australian AD to enforce the State of Design's requirements. This process is exemplified by the European Aviation Safety Agency's (EASA) AD 2007-0099 for Eurocopter AS 332 helicopters, which CASA assessed and subsequently issued as Australian AD/S-PUMA/70, effective from 7 June 2007. Given Australia's obligations under the Convention on International Civil Aviation and the nature of ADs as international safety measures, no public consultation or Regulatory Impact Statement is required for these directives.
Failure to comply with an airworthiness directive can lead to significant legal consequences. Under section 110 of the Civil Aviation Act 1988, any person who contravenes an AD commits an offence. The Act specifies that this offence is punishable by a fine not exceeding 500 penalty units or by imprisonment for a term not exceeding two years, or both, as outlined in section 111. Furthermore, under section 113, CASA may apply to a court for an order to restrain any person from operating an aircraft that does not comply with an AD, highlighting the stringent measures in place to enforce compliance and ensure the safety of air navigation.