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 issued AD 2009-0003R1, affecting Eurocopter AS 332 series helicopters. France is the State of Design for these helicopters. CASA has amended the equivalent Australian AD to AD/S-PUMA/78 Amendment 2. The amended AD will become effective on 6 February 2009. 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 comprehensive framework for the regulation of civil aviation in Australia, addressing issues related to air navigation safety and the maintenance of aircraft. The Act empowers the Governor-General to make regulations that promote the safety of air navigation. Among these regulations are the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments that aim to ensure the continuing airworthiness of aircraft by mandating necessary safety requirements. In accordance with Australia's obligations under the Convention on International Civil Aviation, CASA must assess and implement ADs issued by the State of Design, such as the European Aviation Safety Agency's recent AD 2009-0003R1 for Eurocopter AS 332 series helicopters, which CASA has amended to suit Australian standards. The AD is issued without public consultation due to its international obligations and has been deemed not to require a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations that ensure the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The issuance of ADs by CASA is aligned with international standards under Annex 8 to the Convention on International Civil Aviation, which assigns responsibility for the continuing airworthiness of aircraft types to the State of Design and mandates that States of Registry, including Australia, must adopt measures to ensure compliance with such directives. CASA's role is to evaluate ADs issued by States of Design and, where necessary, issue equivalent Australian ADs to enforce the required safety standards on aircraft registered within Australia. This process ensures that Australian aviation maintains high safety standards in line with international obligations and best practices.
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 kinds of aircraft or aeronautical products, as mandated by section 98 of the Civil Aviation Act 1988. These directives are legislative instruments under section 6 of the Legislative Instruments Act 2003, and are disallowable as per section 46A of the Acts Interpretation Act 1901. The State of Design, in this case France for Eurocopter AS 332 series helicopters, holds the primary responsibility for the continuing airworthiness of an aircraft type under Annex 8 of the Convention on International Civil Aviation. It must provide necessary information to ensure the continuing airworthiness of the aircraft type to the State of Registry, in this case, Australia.
The State of Registry, which is Australia in this context, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When the State of Design issues an AD, CASA, as Australia’s national airworthiness authority, is required to assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. Consequently, CASA has amended the Australian AD to AD/S-PUMA/78 Amendment 2, which will become effective on 6 February 2009, superseding the previous AD.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA include the assessment of the airworthiness information provided by the State of Design and the issuance of corresponding Australian ADs. These obligations ensure that the continuing airworthiness of aircraft on the Australian Register meets the international standards set forth by the Convention on International Civil Aviation. CASA must act promptly in response to ADs issued by the State of Design to maintain safety standards and compliance with international agreements.
Breaching the requirements set forth in the Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988 can result in significant civil or criminal consequences. Failure to comply with an AD can lead to the grounding of affected aircraft, which can have severe operational and financial implications for operators. Additionally, non-compliance can result in enforcement actions by CASA, including fines and other penalties. The maximum penalties for non-compliance are not explicitly stated in the provided text, but they can be severe, reflecting the critical importance of air safety regulations.