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 AD 79-53-18(B) affecting Eurocopter SA315 helicopters. France is the State of Design for this helicopter. CASA has assessed this AD and has issued Australian AD/SA 315/16 which will become effective on 7 June 2007.
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, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations that serve the interests of aviation safety, with the Civil Aviation Safety Regulations 1998 providing a detailed set of rules for implementing the Act. Under section 98 of the Civil Aviation Act and regulation 39.001 of the Civil Aviation Safety Regulations, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure their continuing airworthiness. These ADs, being legislative instruments, are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are assessed under the Legislative Instruments Act 2003.
In line with international obligations under the Convention on International Civil Aviation, the State of Design of an aircraft type is responsible for its continuing airworthiness and must provide necessary information to the States of Registry. CASA, as Australia's national airworthiness authority, is obligated to assess this information and issue corresponding Australian ADs when necessary. For instance, following the issuance of French AD 79-53-18(B) for Eurocopter SA315 helicopters, CASA issued Australian AD/SA 315/16. Given the international context and the regulatory obligations, no public consultation was required for this AD, and it was determined that a Regulatory Impact Statement was unnecessary. The AD was made by the Manager, New Technologies and Systems, within CASA, as per the authority granted by the Act.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, and they play a crucial role in maintaining the continuing airworthiness of aircraft as per the requirements set forth in Annex 8 to the Convention on International Civil Aviation. The State of Design holds the primary responsibility for ensuring the airworthiness of an aircraft type, while the State of Registry, in this case CASA, is tasked with adopting or developing requirements to enforce these standards. Given Australia's obligations under the Convention, CASA must issue corresponding Australian ADs in response to directives from the State of Design. For instance, following the issuance of AD 79-53-18(B) by the French DGAC concerning Eurocopter SA315 helicopters, CASA issued Australian AD/SA 315/16. This process underscores the international nature of aviation safety regulations and the necessity for collaborative efforts among states to uphold safety standards.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Under these provisions, the Civil Aviation Safety Regulations 1998 (CASR) include the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (39.001). An AD is legally considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and is thus a legislative instrument as defined by section 6 of the Legislative Instruments Act 2003 (39.001(5)).
The State of Design, which in this case is France for the Eurocopter SA315 helicopters, has the overarching responsibility under Annex 8 of the Convention on International Civil Aviation to ensure the continuing airworthiness of the aircraft type. This includes providing necessary information to the State of Registry to maintain airworthiness. In Australia, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft on its register. When a State of Design issues an AD, such as the one issued by France (AD 79-53-18(B)), CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design (AD/SA 315/16). This Australian AD will become effective on 7 June 2007.
The obligations under the Act require CASA to assess the AD issued by the State of Design and, if deemed necessary, issue a corresponding Australian AD. This process ensures that Australian aircraft meet international airworthiness standards. Given that the AD stems from Australia's international obligations under the Convention on International Civil Aviation and is in response to an AD issued by the relevant State of Design, no public consultation was conducted. Additionally, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD was made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. This legislative framework ensures that the AD is issued with proper authority and oversight. Failure to comply with an AD could result in significant civil or criminal penalties, including fines and imprisonment, as stipulated by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. These penalties are intended to enforce adherence to airworthiness standards and ensure the safety of air navigation.