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 2007-0134 affecting Eurocopter AS 332 helicopters. France is the State of Design for this/these types. CASA has assessed this AD and has issued Australian AD/S-PUMA/80 which will become effective on
20 November 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 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 establish a framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) in accordance with regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives serve as legislative instruments under the Acts Interpretation Act 1901 and are essential for maintaining the continuing airworthiness of aircraft in line with the Convention on International Civil Aviation. When a State of Design issues an AD for aircraft types registered in Australia, CASA must assess and, if necessary, issue corresponding Australian ADs to ensure compliance with international safety standards. The issuance of ADs is conducted in accordance with Australia's obligations under international conventions and does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Scope and Application
The Civil Aviation Act 1988 applies to entities involved in air navigation within Australia, including aircraft operators, manufacturers, and maintenance organisations. The Act's regulatory scope is extended through the Civil Aviation Safety Regulations 1998, particularly under regulation 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments, as stated under subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901. The ADs serve to ensure the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). CASA, acting as Australia's national airworthiness authority, must assess and, if necessary, issue Australian ADs in response to ADs issued by the State of Design to comply with the Convention on International Civil Aviation. This particular AD 2007-0134, issued by the European Aviation Safety Agency (EASA) for Eurocopter AS 332 helicopters, reflects Australia’s commitment to international obligations and safety standards without the need for public consultation or a Regulatory Impact Statement.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 that pertain to the issuing of airworthiness directives (ADs) are section 98 and regulation 39.001 respectively. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Regulations provides that the Civil Aviation Safety Authority (CASA) can issue ADs for types of aircraft or aeronautical products. These ADs serve as legislative instruments, as outlined in subregulation 39.001(5) and further detailed under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
The Act and Regulations impose several obligations on the parties or entities they govern. The State of Design, in this case France for the Eurocopter AS 332 helicopters, has an overarching responsibility for the continuing airworthiness of the aircraft type and must provide any necessary information to ensure the aircraft's airworthiness. The State of Registry, which is Australia in this context, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. CASA, as Australia's national airworthiness authority, is required to assess information from the State of Design and issue an Australian AD if necessary to mandate the requirements of the State of Design.
Under the Civil Aviation Act 1988, breaches of airworthiness directives can lead to various consequences. Civil penalties may be imposed for non-compliance with ADs, including fines up to a certain amount for individuals and higher amounts for corporations. Criminal penalties may also apply, including fines and imprisonment, for more serious breaches. The exact penalties depend on the specific circumstances and severity of the breach, but the potential for both civil and criminal consequences highlights the importance of adhering to ADs to maintain safety standards in air navigation.
The issuing of an AD, such as AD 2007-0134 for the Eurocopter AS 332 helicopters, is carried out in accordance with the obligations under the Convention on International Civil Aviation and the requirements of the relevant State of Design. In this instance, no consultation of the Australian public has taken place because the AD is issued in response to an international obligation and an AD raised by the State of Design. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The AD is issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, in line with subsection 84A(2) of the Act, ensuring that the process adheres to the legal framework governing civil aviation safety in Australia.