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-2005-063 R1 affecting Arrius 1A and 1E engines. France is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/ARRIUS/8, which will become effective on 13 May 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 establish a framework for the regulation of civil aviation within Australia, ensuring the safety of air navigation and the continuing airworthiness of aircraft. The Act empowers the Governor-General to create regulations in the interests of safety, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). This legislation addresses the need for standardised and enforceable measures to maintain aircraft safety in line with international standards and practices. The Act was enacted by the Parliament of Australia, reflecting a policy objective to enhance aviation safety through comprehensive regulatory oversight. The Act's provisions are designed to ensure that Australia meets its obligations under the Convention on International Civil Aviation, facilitating international cooperation in maintaining airworthiness standards.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products, as outlined in regulation 39.001. An AD is recognised as a legislative instrument under subregulation 39.001(5) and is subject to disallowance as per section 46A of the Acts Interpretation Act 1901. The legislative framework is designed to ensure compliance with the continuing airworthiness requirements set out in Annex 8 of the Convention on International Civil Aviation, where the State of Design has the primary responsibility for the airworthiness of aircraft types, and the State of Registry must enforce these requirements domestically. CASA, acting as Australia’s national airworthiness authority, must evaluate and, where necessary, issue ADs to implement the requirements of foreign ADs, ensuring that Australian aircraft meet international safety standards. The process of issuing such ADs is streamlined and does not require public consultation, as it directly responds to international obligations and assessments made by the State of Design.
Key Provisions
The key provisions of the Civil Aviation Act 1988, as related to the issuance of airworthiness directives (ADs), are found in section 98, which empowers the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. The AD is defined as a disallowable instrument under subregulation 39.001(5), which is further classified as a legislative instrument according to section 6 of the Legislative Instruments Act 2003. This framework ensures that ADs are issued with proper authority and in accordance with established legislative processes.
The obligations imposed by the Act and regulations on parties and entities include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type and to provide necessary information to the State of Registry. The State of Registry, which in Australia's case is CASA, must then assess this information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This collaborative process is mandated by Annex 8 to the Convention on International Civil Aviation, ensuring that safety standards are consistently applied across different jurisdictions.
There are specific procedural requirements and obligations outlined in the text, such as the necessity for CASA to evaluate ADs issued by the State of Design and to issue corresponding Australian ADs if necessary. This obligation extends to ensuring that all ADs are compliant with the Convention on International Civil Aviation and the applicable regulations. Additionally, there is no requirement for public consultation on ADs issued under these provisions, as determined by the Office of Regulatory Review, which has also concluded that such ADs do not necessitate a Regulatory Impact Statement.
In terms of potential consequences for breaches, the Act does not explicitly detail offences, penalties, or civil/criminal consequences for non-compliance with ADs. However, the overarching framework suggests that failure to comply with ADs could result in significant safety risks, potentially leading to civil or criminal liabilities under broader aviation safety laws. Non-compliance with ADs could also result in penalties under the Civil Aviation Act 1988 or related regulations, although specific penalties are not outlined in the provided text.