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 2007-0057 affecting Turbomeca ARRIUS 2F engines. The EASA is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/ARRIUS/13, 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 was enacted to provide a legislative framework for ensuring the safety and efficiency of civil aviation in Australia. This legislation empowers the Governor-General to make regulations, such as those found in the Civil Aviation Safety Regulations 1998, to uphold the safety of air navigation. Specifically, regulation 39.001 of these regulations enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments, as outlined in the Legislative Instruments Act 2003, and are crucial for maintaining the continuing airworthiness of aircraft, a responsibility held by the State of Registry under Annex 8 to the Convention on International Civil Aviation. In the case of engines like the Turbomeca ARRIUS 2F, the State of Design, such as the European Aviation Safety Agency (EASA), issues ADs which CASA then assesses and, if necessary, mandates for Australian aircraft. The issuance of ADs, such as AD/ARRIUS/13, is conducted without public consultation due to Australia's international obligations and the nature of ADs as regulatory responses to State of Design directives.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products, which are legislative instruments under the Legislative Instruments Act 2003. These directives are crucial for maintaining the continuing airworthiness of aircraft, with responsibility falling on both the State of Design and the State of Registry as per Annex 8 of the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, evaluates ADs issued by foreign authorities like the European Aviation Safety Agency (EASA) and may issue corresponding Australian ADs, such as AD/ARRIUS/13 for Turbomeca ARRIUS 2F engines. This process ensures compliance with international standards and does not require public consultation or a Regulatory Impact Statement. The ADs are made under the authority of CASA and in accordance with the Civil Aviation Act 1988.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 allow the Governor-General to create regulations for the safety of air navigation (s. 98), and enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft or aeronautical products (Reg. 39.001). Section 39.001(5) of the Regulations confirms that an AD is a disallowable instrument under the Acts Interpretation Act 1901 and is thus a legislative instrument under the Legislative Instruments Act 2003. These provisions are aligned with Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of aircraft types and requires the State of Registry to ensure the continuing airworthiness of individual aircraft by developing or adopting necessary requirements.
The obligations imposed by these provisions on parties and entities include the State of Design's responsibility to provide necessary information for ensuring the continuing airworthiness of an aircraft type, and the State of Registry's duty to develop or adopt requirements to maintain the airworthiness of registered aircraft. When an AD is issued by a State of Design, such as the European Union Aviation Safety Agency (EASA) in this case, CASA must assess the AD and, if appropriate, issue a corresponding Australian AD to enforce the requirements. For example, CASA has assessed EASA's AD 2007-0057 and issued Australian AD/ARRIUS/13 for Turbomeca ARRIUS 2F engines.
There are no specific offences, penalties, or civil/criminal consequences outlined in the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998 for non-compliance with ADs, but non-compliance could lead to serious safety issues and potential regulatory action. Although no consultation of the Australian public has occurred for this AD as it is in response to an international obligation, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The AD is issued 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.