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 European Aviation Safety Authority (EASA) has issued AD 2008-0018 affecting Turbomeca Arrius 2 model aircraft engines. The EASA acts on behalf of France, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/ARRIUS/14, which will become effective on 7 February 2008.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the safety of air navigation and related activities, ensuring that civil aviation in Australia meets international standards. It empowers the Governor-General to make regulations to enhance the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The Act was introduced to address the need for comprehensive regulation of civil aviation to protect public safety and ensure efficient air navigation. The Civil Aviation Safety Regulations 1998 further detail the regulatory framework, allowing CASA to issue ADs for specific aircraft or aeronautical products to maintain airworthiness. The issuance of ADs is crucial for complying with international aviation standards and ensuring the safety and airworthiness of aircraft registered in Australia, as mandated by the Convention on International Civil Aviation. The policy objective of these regulations is to uphold high safety standards in civil aviation through effective and timely regulatory actions.
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. Under section 98 of the Act, the Governor-General has the authority to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. These ADs are legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The ADs are issued in compliance with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type, and the State of Registry is responsible for the continuing airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, must assess information from the State of Design and issue corresponding Australian ADs if appropriate. The issuance of ADs such as Australian AD/ARRIUS/14, in response to AD 2008-0018 issued by the European Aviation Safety Authority on behalf of France, does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD is made by CASA in accordance with subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988, under section 98, grants the Governor-General the authority to create regulations aimed at ensuring the safety of air navigation. Pursuant to this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these ADs are significant and multifaceted. The State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing necessary information to ensure the safety of aircraft registered in other countries. When such an AD is issued by the State of Design, it is the duty of the State of Registry, in this case CASA, to assess the information and, if deemed necessary, issue an Australian AD to enforce the requirements. This ensures that Australian-registered aircraft meet international safety standards.
Failure to comply with the ADs can result in serious consequences. Under section 14 of the Civil Aviation Act 1988, any person who contravenes an AD commits an offence. The penalties for such offences can be severe, including substantial fines and, in some cases, imprisonment. The exact penalties are determined by the severity of the breach and the potential risk to public safety. The regulations provide for maximum penalties, and the courts have the discretion to impose penalties that fit the offence under the relevant sections of the Act.
CASA’s issuance of the Australian AD/ARRIUS/14, in response to the EASA’s AD 2008-0018, exemplifies the international cooperation necessary to maintain aviation safety. As the ADs are issued under Australia’s obligations under the Convention on International Civil Aviation and in response to the State of Design’s directive, there is no requirement for public consultation. Additionally, the Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement. This streamlined process ensures that safety measures are implemented without unnecessary delays. The AD was made by the Acting Manager, Systems and New Technologies, in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.