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 has issued AD F-2005-146 affecting Microturbo SAPHIR Auxillary Power Units (APU). France is the State of Design for this APU. CASA has assessed this AD and has issued Australian AD/APU/19 which will become effective on 27 October 2005.
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, enacted by the Australian Parliament, addresses the overarching governance and safety of civil aviation within Australia, with a strong emphasis on ensuring the safety of air navigation. It provides the authority for the Civil Aviation Safety Regulations 1998, which further outline specific safety measures, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The ADs are a critical component under regulation 39.001 of these regulations, serving as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These directives are essential for maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry, as mandated under Annex 8 to the Convention on International Civil Aviation. The ADs facilitate the dissemination of necessary information to ensure compliance with international safety standards and are issued in response to actions taken by the relevant State of Design.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, establishes the legal framework for ensuring the safety of air navigation in Australia. The Act empowers the Governor-General to issue regulations that serve the interests of air navigation safety, and under regulation 39.001, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs, which are legislative instruments as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, aim to maintain and enforce continuing airworthiness of aircraft in line with international standards. The application of these directives is geographically broad, affecting all aircraft and aeronautical products registered in Australia, and is influenced by international obligations under the Convention on International Civil Aviation. As such, CASA is mandated to issue Australian ADs when required, ensuring compliance with international ADs issued by the aircraft's State of Design. The process of issuing these directives does not require public consultation, and it has been determined that they do not necessitate a Regulatory Impact Statement, reflecting their technical nature and the reliance on international safety standards.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to establish regulations that serve the interests of air navigation safety. Under the Civil Aviation Safety Regulations 1998 (regulation 39.001), the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) specifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore qualifies as a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations under the Civil Aviation Act 1988 and its regulations are stringent, focusing on maintaining the safety and airworthiness of aircraft. The State of Design, such as France for the Microturbo SAPHIR Auxiliary Power Units (APU), has the responsibility to ensure the continuing airworthiness of the aircraft type and to provide necessary information to the States of Registry. The State of Registry, in this case, Australia, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft on its register. CASA, as Australia's national airworthiness authority, must evaluate the AD issued by the State of Design and, if appropriate, issue an Australian AD to enforce the requirements set by the State of Design.
The Civil Aviation Safety Regulations 1998 impose a duty on CASA to assess the ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs. Failure to comply with these directives can result in serious safety implications, as CASA is mandated to ensure that all aircraft meet the required airworthiness standards. The recent issuance of Australian AD/APU/19 in response to AD F-2005-146 is an example of this obligation in action, reflecting CASA's commitment to safety standards mandated by international agreements.
For breaches of the provisions under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, there are potential civil and criminal consequences. Civil penalties may be imposed for non-compliance with ADs, including fines. Additionally, serious breaches that result in significant harm or risk to safety can lead to criminal charges, with penalties including substantial fines and imprisonment. The specific maximum penalties are detailed in the relevant sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, reflecting the seriousness of ensuring air navigation safety.