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 EASA issued AD 2007-0063, affecting Turbomeca Arriel turboshaft engines. EASA is the State of Design for Arriel engine types. As a result of a request from industry, CASA has amended the equivalent Australian AD to Amendment 1. The amended AD, AD/ARRIEL/25 Amendment 1, will become effective on 27 September 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 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 Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, addresses the need for regulations to ensure the safety of air navigation, as well as the administration and regulation of civil aviation in Australia. The Act provides a framework for the governance and oversight of civil aviation activities, aiming to protect public safety and the integrity of the aviation system. In accordance with section 98 of the Act, the Governor-General has the authority to make regulations, such as the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs, as legislative instruments, are critical in maintaining the continuing airworthiness of aircraft, in line with international standards and obligations under the Convention on International Civil Aviation. The policy objective of the Act is to ensure the highest standards of safety and efficiency in civil aviation, thereby safeguarding the interests of the public and the industry.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, ensuring the safety of air navigation and the continuing airworthiness of aircraft registered in Australia. Under this legislative framework, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific types of aircraft or aeronautical products, aligning with international standards set forth by the International Civil Aviation Organization (ICAO). The ADs are issued to mandate compliance with safety requirements, particularly in response to directives from the State of Design, such as the European Aviation Safety Agency (EASA) in the case of Turbomeca Arriel turboshaft engines. The ADs are legislative instruments, subject to disallowance, and their issuance is consistent with Australia's obligations under the Convention on International Civil Aviation. These directives apply to aircraft operators and entities involved in the maintenance and operation of aircraft within Australia, ensuring that all relevant stakeholders adhere to the necessary safety standards. Notably, ADs do not require public consultation or a Regulatory Impact Statement, reflecting their technical nature and the importance of timely compliance with international safety directives.
Key Provisions
The Civil Aviation Act 1988, as supported by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under section 39.001. These ADs, which are legislative instruments (section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003), are crucial for maintaining the continuing airworthiness of aircraft and aeronautical products. Annex 8 to the Convention on International Civil Aviation stipulates that the State of Design, in this case, the European Aviation Safety Agency (EASA), has the primary responsibility for the airworthiness of aircraft types, while the State of Registry, which in Australia is CASA, is responsible for the airworthiness of individual aircraft. When EASA issues an AD, such as AD 2007-0063 affecting Turbomeca Arriel turboshaft engines, CASA must review this information and, if necessary, issue a corresponding Australian AD.
The obligations imposed by this legislation on CASA and other entities include a comprehensive review of the AD issued by the State of Design. CASA must assess whether the AD applies to aircraft registered in Australia and determine if there is a need to issue a corresponding Australian AD. In this instance, CASA has amended the existing Australian AD to Amendment 1, which will take effect on 27 September 2007. This amendment cancels and replaces the previous AD. Furthermore, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft, ensuring compliance with both international standards and domestic regulations.
Failure to comply with the requirements set out in an AD can result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to civil penalties, including fines. The maximum penalty for contravening an AD can be substantial, reflecting the serious nature of air safety. Additionally, non-compliance may result in criminal charges, depending on the severity of the breach. The enforcement of these penalties is critical to maintaining the high safety standards required in civil aviation. CASA, as the national airworthiness authority, has the responsibility to ensure that all relevant parties comply with the ADs, thereby safeguarding the safety of air navigation.