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 2008-0133 affecting TURBOMÉCA ARRIUS 1A turbo-shaft engines. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/ARRIUS/15, which will become effective on
25 September 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 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 to ensure the safety and efficiency of civil aviation in Australia, provides the legislative framework within which the Civil Aviation Safety Regulations 1998 operate. Under this Act, the Governor-General is empowered to make regulations for the purposes of the Act, particularly with regard to the safety of air navigation. In line with these provisions, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as a mechanism to address safety issues and ensure compliance with airworthiness standards, ultimately aimed at maintaining the safety of air navigation. CASA, as the national airworthiness authority, assesses and issues ADs based on assessments of information from the State of Design or other contracting states under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, mandate that airworthiness directives (ADs) can be issued by the Civil Aviation Safety Authority (CASA) for specific kinds of aircraft or aeronautical products. These ADs serve as a legislative instrument and are essential for ensuring the continuing airworthiness of aircraft registered in Australia. The State of Design, responsible for the aircraft type, must provide necessary information to maintain airworthiness, while the State of Registry is tasked with implementing these requirements. CASA, as Australia’s national airworthiness authority, assesses and issues Australian ADs in response to those from the State of Design, such as the Australian AD/ARRIUS/15 for TURBOMÉCA ARRIUS 1A turbo-shaft engines. This process is driven by Australia's obligations under the Convention on International Civil Aviation and does not involve public consultation or a Regulatory Impact Statement. The AD is issued by CASA under the authority granted by the Act, ensuring that safety regulations are uniformly applied across the aviation industry within Australia.
Key Provisions
The Civil Aviation Act 1988, particularly in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products under regulation 39.001 (subregulation 39.001(5)). These ADs, as per section 98 of the Civil Aviation Act and the Acts Interpretation Act 1901, are considered legislative instruments, carrying the force of law. For instance, CASA issued Australian AD/ARRIUS/15 following the European Aviation Safety Agency's (EASA) AD 2008-0133 concerning TURBOMÉCA ARRIUS 1A turbo-shaft engines, which are designed by France.
The obligations imposed on the parties governed by this Act include the requirement for the State of Design to provide necessary information to ensure the continuing airworthiness of aircraft types, which is a responsibility under Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, must then assess this information and, if appropriate, issue an AD to mandate the State of Design's requirements. This is to ensure that the aircraft on the Australian Register comply with international standards of airworthiness. In the case of the TURBOMÉCA ARRIUS 1A turbo-shaft engines, CASA assessed the EASA's AD and subsequently issued the Australian AD/ARRIUS/15, effective from 25 September 2008.
Failure to comply with the requirements of an AD can lead to significant legal consequences. The Civil Aviation Act 1988 outlines various offences, and penalties for non-compliance can include substantial fines and imprisonment. Specifically, the maximum penalties for breaches under the Civil Aviation Act can include fines of up to $210,000 for individuals and $1,050,000 for corporations, alongside potential imprisonment terms. Such stringent measures underscore the importance of adhering to ADs to maintain the high safety standards required in the aviation industry.