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 2008-0134 affecting TURBOMÉCA ARRIUS 2F turbo-shaft engines. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/ARRIUS/16, 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 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, addressing the need for safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations to ensure the safety of air navigation, and one such regulation is the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These ADs are legislative instruments that mandate requirements to maintain the continuing airworthiness of aircraft. The policy objective is to align Australia's aviation safety standards with international obligations under the Convention on International Civil Aviation, particularly in the context of continuing airworthiness information. This ensures that Australian aircraft meet the necessary safety standards and facilitates international cooperation in aviation safety.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve as legislative instruments, essential for maintaining the continuing airworthiness of aircraft in accordance with international standards set forth in Annex 8 to the Convention on International Civil Aviation. CASA’s role includes assessing information from the State of Design, such as the European Aviation Safety Agency (EASA) in this case, and issuing Australian ADs to mandate necessary requirements. These ADs are integral for ensuring the safety of air navigation within Australia and are applicable to all aircraft and aeronautical products registered within the Australian Register. The jurisdictional reach of these regulations is national, encompassing all relevant entities within Australia's jurisdiction. The legislative framework allows for the extension or restriction of application through subordinate instruments, ensuring that CASA can effectively implement and adapt safety regulations as necessary.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, sets the framework for the issuance and enforcement of airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to create regulations for the safety of air navigation. Regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments, as specified under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The ADs are crucial for ensuring the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation.
The obligations under the Act and Regulations primarily fall on CASA, as Australia’s national airworthiness authority. CASA is responsible for assessing ADs issued by the State of Design and, if necessary, issuing Australian ADs to enforce the requirements. This ensures that aircraft on the Australian Register meet the continuing airworthiness standards. The State of Registry, which is responsible for the individual aircraft, must comply with these ADs to ensure the safety and airworthiness of the aircraft. Additionally, the State of Design has the responsibility to provide necessary information to ensure the continuing airworthiness of the aircraft type, which CASA then reviews and acts upon.
Failure to comply with the provisions of an AD can result in significant consequences. The Civil Aviation Act 1988 outlines various offences and penalties for non-compliance with airworthiness regulations. While the specific penalties are not detailed in the provided text, it is common for breaches to result in fines, imprisonment, or both, depending on the severity of the violation. The seriousness of the offence often correlates with the potential risk to safety posed by the non-compliance. CASA enforces these regulations rigorously to maintain high safety standards in civil aviation.