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 has issued AD UF-2005-073 affecting Turbomeca ARRIUS 2F turboshaft engines. France is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/ARRIUS/7, which will become effective on 30 April 2005.
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 legal framework for the regulation of civil aviation in Australia, addressing the need for a comprehensive legislative instrument that governs safety, efficiency, and orderly development of civil aviation. The Act empowers the Governor-General to create regulations, ensuring that safety remains paramount in the interests of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs serve as legislative instruments, essential for maintaining the continuing airworthiness of aircraft types and individual aircraft, in line with international obligations under the Convention on International Civil Aviation. The policy objective is to ensure that aircraft operating in Australia meet safety standards that are internationally recognised and enforced.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework under which airworthiness directives (ADs) are issued in Australia, with the overarching aim of ensuring the safety of air navigation. The Act applies to entities such as the Civil Aviation Safety Authority (CASA), which is designated as Australia's national airworthiness authority, and to aircraft registered within Australia. The ADs themselves are legislative instruments that apply to specific types of aircraft or aeronautical products, as stipulated under regulation 39.001 of the Civil Aviation Safety Regulations 1998. This legislative reach extends across the Commonwealth of Australia and aligns with international obligations under the Convention on International Civil Aviation, specifically through Annex 8, which designates responsibilities for airworthiness to the State of Design and the State of Registry. The ADs issued by CASA in response to international ADs, such as the one issued for Turbomeca ARRIUS 2F turboshaft engines, do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. This particular AD was issued under the authority of CASA, as outlined in subsection 84A(2) of the Act, and it was effective from 30 April 2005.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to establish regulations that serve the interests of air navigation safety. One significant regulation under this act is 39.001 of the Civil Aviation Safety Regulations 1998, which grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs are legally binding legislative instruments, as stipulated in subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, and are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901.
Entities governed by the Civil Aviation Act 1988 and its regulations, particularly CASA and aircraft operators, have distinct obligations. CASA, as Australia's national airworthiness authority, must review and, if necessary, implement Australian ADs in response to directives issued by the State of Design. Aircraft operators, on the other hand, are required to comply with the ADs relevant to their aircraft, ensuring that any mandated inspections, maintenance, or modifications are performed to maintain the airworthiness of their aircraft.
Failure to comply with an airworthiness directive can result in serious consequences. Under section 98 of the Civil Aviation Act 1988, non-compliance with ADs may lead to enforcement actions by CASA, which can include administrative penalties, fines, and in severe cases, grounding of the aircraft. The specific penalties for non-compliance with ADs are not detailed in the provided text, but they can be substantial, reflecting the importance of adhering to these directives to maintain aviation safety standards.
The legislative process for issuing ADs, as exemplified by the issuance of Australian AD/ARRIUS/7 in response to the French AD UF-2005-073, underscores the international cooperation inherent in maintaining global aviation safety standards. This process is mandated by Australia’s obligations under the Convention on International Civil Aviation, and while it involves rigorous assessment and implementation by CASA, it does not typically require public consultation or a Regulatory Impact Statement. The AD is issued by CASA under the authority granted by subsection 84A(2) of the Act, ensuring that the necessary regulatory measures are in place to protect air safety.