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 issued AD 2007-0126 affecting Turbomeca ARRIEL 2B1 series engines. The EASA is the State of Design for these engines. CASA has amended the equivalent Australian AD to AD/ARRIEL/24 Amendment 1 which will become effective on 30 August 2007. 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting 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 Commonwealth Parliament, provides the legislative framework for ensuring the safety and efficiency of civil aviation in Australia. It empowers the Governor-General to make regulations necessary for the safety of air navigation, which includes the issuance of airworthiness directives (ADs). Under these provisions, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments that mandate compliance with safety standards to ensure the continuing airworthiness of aircraft registered in Australia. The policy objective is to maintain high safety standards in line with international conventions, particularly under Annex 8 of the Convention on International Civil Aviation, which places responsibility on the State of Design for ensuring aircraft types meet continuing airworthiness requirements.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, provide the legal framework for issuing airworthiness directives (ADs), which are regulatory requirements aimed at ensuring the safety and airworthiness of aircraft and aeronautical products within Australia. The issuance of these directives falls under the purview of the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority, which is mandated to assess information provided by the State of Design and issue equivalent Australian ADs when necessary. These directives apply to the types of aircraft or aeronautical products specified within the regulations and are binding on all relevant entities, such as aircraft operators and maintenance service providers, who must comply with the stipulated requirements to ensure ongoing airworthiness. Geographically, these regulations apply nationally, as CASA has jurisdiction over all aircraft registered in Australia, irrespective of their operational location. The scope of ADs is further extended through subordinate instruments, which may include additional details or specific requirements tailored to particular types of aircraft or aeronautical products. While ADs are a key tool in maintaining safety standards, they are issued under specific international obligations and do not require public consultation or a Regulatory Impact Statement.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, particularly section 98 and regulation 39.001, allow the Governor-General to make regulations for air navigation safety, and for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These directives, as stipulated in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments under section 6 of the Legislative Instruments Act 2003. This means ADs have legal authority and can be enforced as part of aviation safety regulations.
The obligations imposed by the Act and Regulations on the parties governed by them are primarily centred around ensuring the continuing airworthiness of aircraft. The State of Design, in this case, the European Aviation Safety Agency (EASA) for the Turbomeca ARRIEL 2B1 series engines, is responsible for providing information necessary for the continuing airworthiness of the aircraft type. The State of Registry, which in this context is Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its territory. CASA, acting as Australia’s national airworthiness authority, must assess information from the State of Design and, if necessary, issue an Australian AD to enforce the requirements.
Failure to comply with ADs can lead to serious consequences. The Civil Aviation Safety Regulations 1998 may include provisions for offences and penalties, although specific details are not provided in the given text. Typically, non-compliance with ADs can result in civil penalties, which can include fines, and in some cases, criminal penalties. The maximum penalties for such offences are determined by the severity of the breach and the specific regulations under which the offence is charged. Civil penalties may include fines up to a substantial amount, while criminal penalties can include imprisonment, reflecting the critical nature of airworthiness compliance in aviation safety.
The legislative process for issuing ADs, as outlined, does not involve public consultation due to the nature of international obligations under the Convention on International Civil Aviation and the immediate need to respond to ADs from the State of Design. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, simplifying the process of issuing such directives when necessary to address safety concerns. The authority to issue these directives lies with CASA, specifically with the Acting Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, acting in accordance with subsection 84A(2) of the Act.