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 Emergency AD 2009-0068-E affecting Turboméca Arriel 1 and 2 series engines. France is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/ARRIEL/32 which will become effective on
27 March 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 Commonwealth Parliament, aims to ensure the safety and efficiency of civil aviation within Australia. This Act provides the legislative framework for the regulation of air navigation safety, including the issuance of airworthiness directives to maintain the safety of aircraft and aeronautical products. Under this Act, the Civil Aviation Safety Regulations 1998 were also enacted, providing detailed rules and procedures for ensuring the continuing airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives in accordance with international standards set by the International Civil Aviation Organization (ICAO). These directives are critical in addressing safety issues and ensuring compliance with international safety standards. The Civil Aviation Act 1988 and its accompanying regulations aim to harmonise Australia's aviation safety standards with international requirements, thereby safeguarding the safety of air navigation within Australia.
Scope and Application
The Civil Aviation Act 1988 applies to the regulation of civil aviation in Australia, governing the safety, efficiency, and orderly development of air navigation and aviation activities. Under this Act, the Civil Aviation Safety Regulations 1998 provide the framework for ensuring the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). An AD, as outlined in regulation 39.001, is a legislative instrument that mandates specific actions to maintain the airworthiness of certain types of aircraft or aeronautical products. The application of these ADs extends to all aircraft registered in Australia, requiring compliance from aircraft operators and other relevant entities. The geographic reach of these regulations is national, as CASA, acting on behalf of the Australian government, implements the directives to ensure adherence to international standards set by the International Civil Aviation Organization (ICAO). Although ADs are not subject to public consultation due to their international obligations, they are rigorously assessed and issued by CASA to align with the continuing airworthiness requirements outlined in Annex 8 of the Convention on International Civil Aviation.
Key Provisions
The key operative sections of this legislation are sections 98 of the Civil Aviation Act 1988 and 39.001 of the Civil Aviation Safety Regulations 1998. Section 98 of the Act empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. The regulation also stipulates that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, meaning it is a legislative instrument subject to certain scrutiny and oversight. Additionally, subregulation 39.001(5) of the Regulations confirms that ADs are a form of continuing airworthiness information, mandated by international standards under Annex 8 to the Convention on International Civil Aviation.
The obligations and requirements imposed by this legislation are primarily on CASA and the States of Design and Registry. CASA, as Australia’s national airworthiness authority, must assess any international ADs that pertain to aircraft registered in Australia. If deemed necessary, CASA must then issue its own AD to mandate the requirements of the issuing State of Design. States of Design, such as France in this case, have the responsibility to provide necessary information to ensure the continuing airworthiness of aircraft types they design. States of Registry, such as Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within their jurisdiction. These obligations ensure that international standards are upheld and that aircraft operating within Australian airspace meet safety requirements.
The legislation also includes provisions regarding the issuance and enforcement of ADs. Because ADs are issued under Australia’s obligations under international aviation conventions and in response to directives from States of Design, they do not require public consultation. Furthermore, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. This streamlining of the process ensures that safety measures can be implemented swiftly and efficiently. The AD is 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.
Failure to comply with an airworthiness directive can lead to serious legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in a range of civil and criminal penalties. Civil penalties can include fines, while criminal penalties can include imprisonment, reflecting the seriousness of ensuring aircraft safety. The specific penalties depend on the nature and severity of the non-compliance, but they serve as a strong deterrent against ignoring airworthiness requirements. Additionally, non-compliance can result in the grounding of affected aircraft, further emphasising the importance of adhering to ADs.