CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 French DGAC issued AD UF-2005-073R1, affecting Turbomeca ARRIUS 2F engines. France is the State of Design for these engines. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/ARRIUS/7 Amendment 1. The amended AD, AD/ARRIUS/7 Amendment 1, will become effective on 5 May 2005. 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 Section Head - Systems, Airworthiness Standards Branch, Standards Division, 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, ensuring the safety, efficiency, and orderly development of civil aviation. The Act empowers the Governor-General to make regulations for the purposes of the Act, particularly in the interests of the safety of air navigation. In this context, 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. This legislative mechanism allows Australia to meet its international obligations under the Convention on International Civil Aviation, particularly those concerning the continuing airworthiness of aircraft as outlined in Annex 8. The policy objective of these regulations is to ensure that aircraft and aeronautical products in Australia meet the highest safety standards, aligning with international practices and requirements.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Regulations 1998, encompasses the framework through which airworthiness directives (ADs) are issued in Australia. Pursuant to section 98 of the Act, the Governor-General may enact regulations that serve the interests of air navigation safety, with regulation 39.001 specifically empowering the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and thus are crafted in accordance with the Legislative Instruments Act 2003. The ADs are designed to ensure the continuing airworthiness of aircraft as mandated by the Convention on International Civil Aviation, specifically under Annex 8, which assigns the State of Design responsibility for an aircraft type’s airworthiness and necessitates the dissemination of pertinent information to States of Registry. In Australia, CASA assumes the role of the national airworthiness authority and is tasked with evaluating information from the State of Design, such as France in the case of Turbomeca ARRIUS 2F engines, and subsequently issuing Australian ADs as appropriate. This legislative mechanism ensures that Australian aircraft meet international safety standards, reflecting Australia’s commitments under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988 and its associated regulations, particularly under section 98 and regulation 39.001, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs). These directives, as per subregulation 39.001(5), are classified as disallowable instruments under the Acts Interpretation Act 1901 and legislative instruments under the Legislative Instruments Act 2003. Essentially, ADs serve as official mandates to ensure that aircraft or aeronautical products meet continuing airworthiness standards. The State of Design, such as France in the case of the Turbomeca ARRIUS 2F engines, has the primary responsibility to provide necessary information to maintain airworthiness, while the State of Registry, such as CASA for Australia, must enforce these standards domestically.
Under the obligations imposed by these regulations, CASA, as Australia’s national airworthiness authority, is required to assess information provided by the State of Design. In this case, following the issuance of AD UF-2005-073R1 by the French DGAC, CASA issued an equivalent Australian AD, AD/ARRIUS/7 Amendment 1. This process ensures that Australian-registered aircraft comply with international safety standards. The amended AD cancels and replaces the previous issue and will become effective on 5 May 2005. Notably, due to the international nature of these directives and their alignment with the Convention on International Civil Aviation, no public consultation or Regulatory Impact Statement was deemed necessary.
Failure to comply with an AD can lead to significant consequences. Under the Civil Aviation Act 1988, non-compliance can result in civil or criminal penalties, depending on the severity of the breach. For minor breaches, individuals or entities may face fines up to a certain amount specified by the Act, while more serious breaches can result in heavier fines or even imprisonment. Additionally, aircraft found to be non-compliant can be grounded, preventing them from operating until the necessary actions are taken to ensure compliance. CASA enforces these regulations rigorously to maintain the highest safety standards in Australian aviation.