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 French DGAC issued Emergency AD UF-2008-029 affecting Eurocopter AS 332 series helicopters. France is the State of Design for these helicopters. As a result CASA has amended the equivalent Australian AD to AD/S-PUMA/78 Amendment 1 which will become effective 29 August 2008. This AD cancels and replaces the previous issue.
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, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, addressing gaps in existing laws to ensure the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations, including the Civil Aviation Safety Regulations 1998, which, among other provisions, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft and aeronautical products. These ADs serve as critical tools under the Convention on International Civil Aviation, ensuring that Australia adheres to international standards while maintaining domestic safety protocols. The policy objective is to harmonise Australian civil aviation practices with international standards, ensuring the safety of air navigation and the continuing airworthiness of aircraft registered in Australia. CASA, as Australia’s national airworthiness authority, issues these directives to mandate specific requirements, often in response to actions taken by the State of Design, without necessitating public consultation due to their international obligations.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia, ensuring the safety of air navigation. Pursuant to section 98 of the Act, and regulation 39.001 of the Regulations, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs concerning specific types of aircraft or aeronautical products. These directives, being legislative instruments under the Legislative Instruments Act 2003, mandate specific safety requirements to maintain the airworthiness of aircraft registered in Australia. The scope of the ADs extends to all aircraft and aeronautical products covered by the directives, with the State of Registry bearing the responsibility for ensuring compliance with these directives. Although ADs are issued pursuant to international obligations under the Convention on International Civil Aviation, they do not typically require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The ADs may be further refined or extended through subordinate instruments, ensuring a comprehensive approach to maintaining air safety.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory mechanism is established under section 98 of the Civil Aviation Act 1988, which allows the Governor-General to enact regulations for air navigation safety. Furthermore, subregulation 39.001(5) identifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, categorising them as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. These directives are crucial for maintaining the continuing airworthiness of aircraft types, as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design, which is the country where the aircraft is designed, bears the primary responsibility for ensuring the continuing airworthiness of an aircraft type, and must furnish necessary information to the States of Registry.
In terms of obligations, the State of Design is responsible for issuing ADs when required to maintain airworthiness, while the State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design, such as France in this case, issues an AD for aircraft registered in another country, like Australia, CASA, as the national airworthiness authority, must assess this information and, if appropriate, issue a corresponding Australian AD. This ensures that the requirements of the State of Design are mandated in Australia. The issuing of such directives is a direct response to international obligations under the Convention on International Civil Aviation and does not require consultation with the Australian public, as determined by the Office of Regulatory Review. Moreover, these ADs do not necessitate a Regulatory Impact Statement.
The breach of provisions contained within ADs can lead to significant civil and criminal consequences. Under the Civil Aviation Act 1988, non-compliance with ADs may result in the grounding of affected aircraft, rendering them unable to operate until the required actions are taken. Further, repeated or egregious non-compliance can lead to fines and imprisonment, with the exact penalties varying based on the severity and intent behind the breach. For instance, under section 123 of the Civil Aviation Act 1988, a person who contravenes a direction made under the Act can be fined up to 120 penalty units or imprisoned for up to 12 months, or both. Additionally, corporations can face higher penalties, with fines reaching up to 600 penalty units. These stringent measures underscore the importance of adhering to ADs to maintain the highest safety standards in aviation.