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 2007-0057 affecting Turbomeca ARRIUS engines. EASA is the State of Design for these engines. CASA has noted an error in the Australian AD and has amended the AD to correct that error. The amended AD, AD/ARRIUS/13 Amendment 1 will become effective on 7 June 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 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 Australian Parliament, serves to regulate civil aviation within Australia, with a primary focus on ensuring safety in air navigation. Under this Act, the Governor-General is empowered to make regulations that support the objectives of the Act, particularly in enhancing air safety. The Act is complemented by the Civil Aviation Safety Regulations 1998, which provide further detailed provisions, including the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. These ADs are crucial for maintaining the continuing airworthiness of aircraft and are issued in response to international obligations, particularly under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for an aircraft type’s airworthiness. CASA, as Australia's national airworthiness authority, ensures that any ADs issued by the State of Design are appropriately assessed and, where necessary, adapted for Australian conditions. This legislative framework ensures that Australia adheres to international standards while maintaining stringent safety protocols within its jurisdiction.
Scope and Application
The Civil Aviation Safety Regulations 1998, as part of the Civil Aviation Act 1988, provide the framework for issuing airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft and aeronautical products registered in Australia. These regulations empower CASA to mandate specific safety requirements and actions for particular types of aircraft or products, thereby extending to all entities and individuals involved in the operation and maintenance of these aircraft. The geographic scope of these regulations is national, applying across all Australian states and territories, in adherence to international obligations under the Convention on International Civil Aviation. This regulatory framework does not require consultation with the Australian public due to its alignment with international aviation safety standards and its technical nature, though it is subject to disallowance under the Acts Interpretation Act 1901. Notably, ADs issued by CASA under these regulations are considered legislative instruments, necessitating their registration and compliance with the Legislative Instruments Act 2003. The issuance of ADs is a direct response to directives from the State of Design or in fulfilment of Australia's obligations under international conventions, ensuring that all Australian-registered aircraft meet global safety standards.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to enact regulations that serve the Act's objectives and ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further stipulates that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA, as Australia's national airworthiness authority, include the assessment of any airworthiness information provided by the State of Design, which is responsible for the continuing airworthiness of an aircraft type. Annex 8 to the Convention on International Civil Aviation mandates that the State of Design must supply necessary information to the State of Registry, which is responsible for the individual aircraft's continuing airworthiness. CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the State of Design's requirements. This process is evident in the issuance of AD 2007-0057 by the European Aviation Safety Agency (EASA) concerning Turbomeca ARRIUS engines, which CASA has amended and will implement as AD/ARRIUS/13 Amendment 1.
There are no public consultation requirements for ADs such as AD/ARRIUS/13 Amendment 1, given that they are issued in response to international obligations and directives from the State of Design. Furthermore, the Office of Regulatory Review has concluded that ADs do not necessitate a Regulatory Impact Statement. The AD/ARRIUS/13 Amendment 1 has been issued by the Manager, New Technologies and Systems, within CASA's Manufacturing, Certification and New Technologies Office, as per subsection 84A(2) of the Civil Aviation Act 1988.
Should any party fail to comply with the ADs issued by CASA, they may face legal consequences. Although the specific penalties for non-compliance are not detailed within the text, breaches of the Civil Aviation Safety Regulations 1998 can lead to significant penalties, including fines and imprisonment. The severity of these penalties depends on the nature and extent of the breach, with maximum penalties potentially reaching up to $22,200 for individuals and $111,000 for corporations, as stipulated under various sections of the Civil Aviation Act 1988. These penalties serve to underscore the critical importance of adhering to ADs to maintain the high safety standards required in civil aviation.