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 2007-0063 affecting Turbomeca ARRIEL engines. The EASA is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/ARRIEL/25 which will become effective on 16 March 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 A/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, serves to regulate civil aviation in Australia with a focus on safety, efficiency, and economic viability. This legislation was introduced to fill a critical gap by providing a comprehensive framework for the regulation of civil aviation in Australia, ensuring that the industry operates in a manner that is safe, efficient, and economically viable while protecting the public from undue risk. Under section 98 of this Act, the Governor-General has the authority to make regulations that support the Act's objectives, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. The Civil Aviation Safety Regulations 1998 further clarify that ADs are legislative instruments subject to disallowance provisions. The policy objective behind these regulations is to maintain and enhance the safety of air navigation through effective airworthiness management.
Scope and Application
The Civil Aviation Act 1988, through its regulations and amendments, governs the issuance of airworthiness directives (ADs) in Australia, ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products, which are considered legislative instruments under the Acts Interpretation Act 1901 and Legislative Instruments Act 2003. These ADs are essential for maintaining the continuing airworthiness of aircraft, with the State of Design having the primary responsibility for issuing such directives. CASA, acting as Australia's national airworthiness authority, assesses ADs issued by foreign States of Design, such as the European Aviation Safety Agency (EASA), and issues corresponding Australian ADs when necessary. The process is in line with Annex 8 of the Convention on International Civil Aviation, ensuring consistency with international standards and practices. Notably, ADs do not require public consultation or a Regulatory Impact Statement, as they are not subject to the usual legislative scrutiny processes.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish the framework within which airworthiness directives (ADs) can be issued in Australia. Under section 98 of the Act, the Governor-General is empowered to create regulations in the interests of air navigation safety, and regulation 39.001 of the Regulations specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain aircraft or aeronautical products. These ADs are legislative instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901, and thus require compliance with the Legislative Instruments Act 2003.
The ADs are issued to ensure the continuing airworthiness of aircraft and aeronautical products, a responsibility primarily held by the State of Design, as outlined in Annex 8 to the Convention on International Civil Aviation. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. For example, the European Aviation Safety Agency (EASA) has issued AD 2007-0063 for Turbomeca ARRIEL engines, and CASA has subsequently issued Australian AD/ARRIEL/25, effective from 16 March 2007. This directive was issued under Australia’s obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, thus no consultation with the Australian public was required.
The obligations imposed by these ADs are significant for all parties involved. The State of Design, such as EASA in this case, is responsible for ensuring that all necessary information is provided to States of Registry to maintain the airworthiness of aircraft types. States of Registry, including Australia through CASA, must implement the ADs issued by the States of Design to ensure compliance with international safety standards. Operators of aircraft affected by an AD must adhere to the requirements specified in the AD to maintain the airworthiness of their aircraft. Failure to comply with an AD can lead to serious consequences, including the potential grounding of affected aircraft and legal penalties.
In terms of enforcement, breaches of the ADs can result in civil or criminal penalties. Under the Civil Aviation Act 1988, CASA has the authority to take enforcement action against individuals or entities that fail to comply with an AD. This can include fines and other penalties as stipulated in the Act. The maximum penalties for non-compliance can vary depending on the severity of the breach and may include substantial fines or imprisonment for serious offences. Additionally, non-compliance can lead to operational restrictions or the suspension of airworthiness certificates, which can have severe implications for aircraft operators.