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 2008-0075 affecting AS332L and EC225 model helicopters. EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/S‑PUMA/76, which will become effective on 5 June 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, 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 ensure the safety of air navigation and to regulate civil aviation within Australia. It provides the framework for the establishment and operation of the Civil Aviation Safety Authority (CASA) and the issuance of regulations to maintain airworthiness. One such regulation, detailed in the Civil Aviation Safety Regulations 1998, allows CASA to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, reflecting their importance in maintaining safety standards. The policy objective is to align Australia's aviation safety practices with international standards, particularly under the Convention on International Civil Aviation, ensuring that the continuing airworthiness of aircraft is managed effectively in collaboration with other states.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs are legislative instruments and serve as critical tools for ensuring the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). Specifically, ADs are issued in response to identified safety issues and are mandated by the State of Design or Registry, with CASA playing a crucial role in assessing and implementing these directives for aircraft registered in Australia. The ADs are not subject to public consultation or a Regulatory Impact Statement, reflecting their urgent nature and the reliance on international safety protocols. CASA issues these directives to comply with Australia's obligations under the Convention on International Civil Aviation, ensuring alignment with global safety standards and practices.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to enact regulations for the Act's purposes, particularly for air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901. ADs are essential tools for maintaining the continuing airworthiness of aircraft and are issued by most International Civil Aviation Organization (ICAO) Contracting States.
The State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to ensure the airworthiness of that type to appropriate States of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry is responsible for the continuing airworthiness of individual aircraft and must develop or adopt requirements to ensure compliance. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, assesses the information and, if appropriate, issues an Australian AD to enforce the requirements of the State of Design. For example, the European Aviation Safety Authority (EASA) issued AD 2008-0075 affecting AS332L and EC225 model helicopters, prompting CASA to issue Australian AD/S-PUMA/76, effective from 5 June 2008.
CASA, acting under the authority of the Civil Aviation Act 1988 and in response to international obligations, has issued the AD without public consultation. 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 the Civil Aviation Act 1988, there are potential offences and penalties for non-compliance with airworthiness directives. While the specific provisions regarding penalties for AD non-compliance are not detailed in the provided text, the Act generally includes provisions for fines and other penalties for breaches of aviation safety regulations. The penalties can vary depending on the severity of the breach and may include financial penalties or other legal consequences. Compliance with ADs is crucial to maintaining the safety standards required by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Failure to comply with these directives can result in significant legal and safety repercussions for the involved parties.