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 2009-0099-E affecting Eurocopter AS 332 model helicopters. EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/S-PUMA/85 Amendment 1, which will become effective on 24 April 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 Best Practice Regulation 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, enacted by the Parliament of Australia, serves as the foundational legal framework for regulating civil aviation within Australia. The Act aims to ensure the safety and efficiency of civil aviation, providing the basis for regulations such as those established under the Civil Aviation Safety Regulations 1998. One such regulation, specifically regulation 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. This legislative mechanism is crucial in maintaining the continuing airworthiness of aircraft registered in Australia, in alignment with international obligations under the Convention on International Civil Aviation. The Civil Aviation Act 1988 thereby facilitates the issuance of necessary safety measures to protect the public and maintain the integrity of air navigation systems, addressing gaps in national and international safety standards.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Governor-General to establish regulations that ensure the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Regulation 39.001 specifies that CASA can issue ADs for types of aircraft or aeronautical products, with such directives being disallowable instruments under the Acts Interpretation Act 1901. As per Annex 8 to the Convention on International Civil Aviation, the State of Design holds primary responsibility for the continuing airworthiness of an aircraft type and must supply necessary information to the States of Registry, which include Australia. CASA, as Australia’s national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the State of Design's requirements. This process was exemplified with AD 2009-0099-E from the European Aviation Safety Authority (EASA) for Eurocopter AS 332 model helicopters, leading to CASA's issuance of Australian AD/S-PUMA/85 Amendment 1, effective from 24 April 2009. Given the international nature of such directives and their basis in fulfilling obligations under the Convention on International Civil Aviation, there was no requirement for public consultation or a Regulatory Impact Statement for this specific AD.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) (sections 98 and 39.001). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the purposes of the Act, specifically in the interests of the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables CASA to issue ADs for kinds of aircraft or aeronautical products. Subregulation 39.001(5) further specifies that an AD is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901, and therefore, in accordance with section 6 of the Legislative Instruments Act 2003, an AD is a legislative instrument. This legislative framework ensures that ADs serve as a key mechanism for maintaining the continuing airworthiness of aircraft types registered in Australia.
The obligations and requirements imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on the parties and entities governed by these laws include several critical responsibilities. Firstly, the State of Design, in this case, France, has the overall responsibility for the continuing airworthiness of the aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to ensure the continuing airworthiness of an aircraft type to the appropriate States of Registry. Secondly, the State of Registry, which for Australian aircraft is CASA, is responsible for ensuring the continuing airworthiness of individual aircraft registered within its jurisdiction. When the State of Design issues an AD, CASA must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
Failure to comply with airworthiness directives can result in significant legal consequences, both civil and criminal. Under the Civil Aviation Act 1988, any person who contravenes an AD can be subject to various penalties. For instance, civil penalties may include fines, and in more severe cases, criminal penalties can apply, including imprisonment. The exact penalties depend on the nature and severity of the breach, but the overarching aim is to enforce compliance to maintain the highest safety standards in air navigation. The legislative framework ensures that any non-compliance is met with appropriate sanctions to uphold the safety and integrity of the aviation industry.