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 2007-0109 corr affecting Turbomeca ARRIEL series engines. The EASA is the State of Design for this engine series. CASA has assessed this AD and has issued Australian AD/ARRIEL/27 which will become effective on 7 June 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 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, establishes the framework for ensuring the safety of air navigation in Australia. In line with this Act, the Civil Aviation Safety Regulations 1998 were introduced to provide detailed regulations for the implementation of the Act's provisions. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby addressing the need for continuous airworthiness oversight as mandated by international conventions, particularly Annex 8 to the Convention on International Civil Aviation. The policy objective is to harmonise Australia's airworthiness standards with international norms, ensuring that Australian aircraft meet the required safety standards.
Under this legislative framework, CASA issued Australian AD/ARRIEL/27 in response to AD 2007-0109 corr issued by the European Aviation Safety Agency (EASA), the State of Design for Turbomeca ARRIEL series engines. CASA's issuance of this directive on 7 June 2007 underscores the importance of maintaining consistent safety standards across international borders, in accordance with Australia's obligations under the Convention on International Civil Aviation. No public consultation was deemed necessary as the AD was issued pursuant to international obligations and in response to a directive from the relevant State of Design.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft and aeronautical products, thereby ensuring compliance with safety standards. These directives are legislative instruments and are mandated by Australia’s obligations under international conventions, particularly Annex 8 to the Convention on International Civil Aviation. The State of Registry, which is responsible for the continuing airworthiness of individual aircraft, must ensure adherence to these directives. In the case of AD 2007-0109 corr issued by the European Aviation Safety Agency (EASA) concerning Turbomeca ARRIEL series engines, CASA has issued a corresponding Australian AD, AD/ARRIEL/27, effective from 7 June 2007. The issuance of these directives does not require public consultation or a Regulatory Impact Statement, as they are directly tied to international safety protocols and the responsibilities of the State of Design and State of Registry. The ADs are issued under the authority of the Civil Aviation Act 1988 by CASA officials in accordance with established procedures.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the process and requirements for issuing airworthiness directives (ADs) for aircraft and aeronautical products. Under section 98 of the Act, the Governor-General has the authority to create regulations in the interest of air navigation safety, which allows for the issuance of ADs by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are considered legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by these regulations on parties and entities are significant. The State of Design is responsible for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. In Australia, CASA, as the national airworthiness authority, must assess information from the State of Design and issue an Australian AD if deemed necessary. The State of Registry must also develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. In the case of the EASA issuing AD 2007-0109 corr concerning Turbomeca ARRIEL series engines, CASA assessed this directive and issued its own AD/ARRIEL/27, which is set to become effective on 7 June 2007.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not require public consultation or a Regulatory Impact Statement for ADs issued under these provisions. Instead, the AD is issued in accordance with the requirements set out in the Act and Regulations, reflecting Australia’s obligations under the Convention on International Civil Aviation. The Manager, New Technologies and Systems, within CASA’s Manufacturing, Certification and New Technologies Office, has the authority to issue such ADs under subsection 84A(2) of the Act. Any breach of these regulations can lead to civil or criminal consequences, though the specific penalties are not detailed in the provided text.