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 2009-0100 affecting Microturbo SA Saphir 2 Model 016 Auxiliary Power Units (APU). France is the State of Design for these APU’s. CASA has assessed this AD and has issued Australian AD/APU/23, which will become effective on 2 July 2009.
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, enacted by the Australian Parliament, aims to ensure the safety and efficiency of civil aviation within Australia. As a foundational piece of legislation, it provides the framework for regulating the safety of air navigation, among other aviation-related matters. Section 98 of the Act empowers the Governor-General to create regulations that support the Act's objectives, specifically for the safety of air navigation. The Civil Aviation Safety Regulations 1998 further detail these regulatory measures, including the authority of the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated under regulation 39.001. In compliance with international obligations, particularly those under Annex 8 to the Convention on International Civil Aviation, Australia’s national airworthiness authority, CASA, issues ADs to maintain the continuing airworthiness of aircraft registered in Australia, thereby ensuring alignment with international safety standards.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that pertain to specific types of aircraft or aeronautical products. These directives are legislative instruments, subject to disallowance and review under Australian legislative frameworks. ADs are integral to ensuring the continuing airworthiness of aircraft, aligning with international standards set forth in Annex 8 of the Convention on International Civil Aviation. The State of Design, such as France in the case of Microturbo SA Saphir 2 Model 016 Auxiliary Power Units (APU), is responsible for issuing ADs for aircraft types, which CASA then assesses and may adapt for the Australian context. CASA, as Australia's national airworthiness authority, ensures that Australian ADs mandate necessary safety requirements in accordance with international obligations. Notably, these ADs are issued without public consultation and do not require a Regulatory Impact Statement, reflecting their alignment with pre-established international safety standards.
Key Provisions
The key operative sections of the Civil Aviation Act 1988, particularly section 98, allow the Governor-General to create regulations that pertain to the safety of air navigation. This provision is foundational for the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. Subregulation 39.001(5) further clarifies that ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and are regulated as per the Legislative Instruments Act 2003. This legal framework ensures that ADs serve as formal instruments for maintaining the safety standards of aircraft.
The obligations imposed by these provisions primarily fall on the Civil Aviation Safety Authority (CASA) and the State of Registry. CASA, as Australia’s national airworthiness authority, is tasked with assessing ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs to ensure compliance with international standards. The State of Registry, on the other hand, is responsible for the continuing airworthiness of individual aircraft. Both entities must adhere to the requirements set forth in Annex 8 of the Convention on International Civil Aviation, which mandates the State of Design to provide necessary information for maintaining the airworthiness of aircraft types. CASA’s role includes evaluating this information and issuing directives that enforce these requirements domestically.
In terms of breaches, the Civil Aviation Act 1988 and associated regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance with ADs. However, failure to adhere to ADs could potentially lead to safety violations, which might result in severe repercussions under other sections of the Act, including potential criminal charges for endangering the safety of air navigation. The overarching regulatory framework implies that non-compliance could lead to enforcement actions, including fines and potential suspension or revocation of aircraft operating certificates.
Given that ADs are legislative instruments, their legal status and the process for their issuance are well-defined within the legislative framework. This ensures that ADs are issued with proper authority and in accordance with international standards, thereby maintaining high safety standards in the aviation industry. The absence of specific penalties within the text suggests that broader aviation safety laws and regulations would apply in cases of non-compliance, reinforcing the importance of adhering to ADs to ensure public safety.