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 AD 2007-0312-E affecting Eurocopter AS332L2 helicopters. Europe is the State of Design for Eurocopter helicopters. CASA has assessed this AD and has issued Australian AD/S-PUMA/73, original issue, which will become effective on 13 March 2008.
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, New Technologies and Systems in the Airworthiness Engineering Branch, 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 the regulation of civil aviation in Australia, with a focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments, necessary to address the problem of ensuring the continuing airworthiness of aircraft as required under international agreements such as Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), as Australia’s national airworthiness authority, is responsible for issuing ADs when appropriate, particularly in response to ADs issued by the State of Design of an aircraft type. The ADs ensure that Australian aircraft meet international safety standards, and their issuance is in accordance with Australia’s obligations under international civil aviation conventions.
Scope and Application
The Civil Aviation Act 1988 applies to various entities and persons involved in the aviation industry, including aircraft manufacturers, operators, and maintenance organisations, within Australia and its territories. Under the Act, the Civil Aviation Safety Authority (CASA) has the power to issue airworthiness directives to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue such directives for specific types of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. These directives are essential for maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation. While the Act and its regulations primarily govern national airworthiness, they also reflect international obligations by requiring CASA to respond to airworthiness directives issued by the relevant State of Design. This process is exemplified by CASA's issuance of Australian AD/S-PUMA/73 in response to the European EASA's AD 2007-0312-E for Eurocopter AS332L2 helicopters. Notably, this directive was issued without public consultation, as it is a direct consequence of Australia's international commitments and the specific requirements of the State of Design.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations that ensure the safety of air navigation. This includes the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD is a legislative instrument as per subregulation 39.001(5), which means it is subject to disallowance under section 46A of the Acts Interpretation Act 1901 and must be reviewed under the Legislative Instruments Act 2003. This regulatory framework is designed to ensure that aircraft and aeronautical products meet safety standards.
Under these regulations, the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This State is required to provide necessary information to ensure airworthiness to the States of Registry, which in turn, must implement measures to maintain airworthiness. In Australia, the Civil Aviation Safety Authority (CASA) acts as the national airworthiness authority. When the State of Design issues an AD, CASA must review the information and, if necessary, issue an Australian AD to enforce the requirements specified by the State of Design. This ensures that Australian-registered aircraft comply with international safety standards.
In practical terms, for instance, the European Aviation Safety Agency (EASA) has issued AD 2007-0312-E for Eurocopter AS332L2 helicopters. Given that Europe is the State of Design, CASA has assessed this directive and issued Australian AD/S-PUMA/73. This AD will take effect on 13 March 2008. Due to Australia’s obligations under the Convention on International Civil Aviation and the nature of the directive issued by the relevant State of Design, there has been no public consultation on this AD. Additionally, the Office of Best Practice Regulation has determined that such ADs do not require a Regulatory Impact Statement.
Failure to comply with an AD can result in severe consequences. Under the Civil Aviation Act 1988, non-compliance can lead to significant penalties. For instance, under section 126, an individual found guilty of contravening an AD may face fines and imprisonment. The maximum penalty for a corporation can be substantial, as outlined in section 127, which can include fines up to the maximum prescribed by the regulations. These provisions are designed to enforce compliance and ensure the safety of air navigation.