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 F-2005-088 affecting Turbomeca engines model Arrius 2F. France is the State of Design for Turbomeca Arrius 2F engines. CASA has assessed this AD and has issued Australian AD/ARRIUS/9, original issue, which will become effective on 14 June 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, enacted by the Commonwealth Parliament, addresses the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations for the safety of air navigation, with the Civil Aviation Safety Regulations 1998 providing further detail. One of the key provisions of these regulations is the ability for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft and aeronautical products. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and are intended to enforce compliance with continuing airworthiness standards as outlined in Annex 8 of the Convention on International Civil Aviation. The Civil Aviation Regulations mandate that CASA, as Australia's national airworthiness authority, must issue Australian ADs in response to directives from the State of Design, ensuring that Australian-registered aircraft meet international safety standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 collectively establish the framework for ensuring the safety of air navigation in Australia, with specific provisions for the issuance of airworthiness directives (ADs). These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products, as detailed in regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD is classified as a legislative instrument under the Acts Interpretation Act 1901 and is subject to disallowance under the Legislative Instruments Act 2003. The issuance of ADs is rooted in international obligations under the Convention on International Civil Aviation, particularly Annex 8, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft. Consequently, when a State of Design issues an AD, CASA must assess this information and, if necessary, issue an Australian AD to enforce the State of Design’s requirements. This legislative framework applies to all aircraft registered in Australia and ensures compliance with international standards, thereby maintaining the safety of air navigation both domestically and internationally.
Key Provisions
The key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 specifically empowers CASA to issue ADs for kinds of aircraft or aeronautical products. This process ensures that safety measures and requirements are communicated and implemented effectively. Subregulation 39.001(5) clarifies that ADs are disallowable instruments under the Acts Interpretation Act 1901, making them subject to legislative scrutiny as per the Legislative Instruments Act 2003.
The obligations imposed by these regulations primarily rest on CASA, which acts as Australia's national airworthiness authority. CASA must assess information provided by the State of Design, which holds responsibility for the continuing airworthiness of an aircraft type, and issue an Australian AD if necessary. This ensures compliance with the Convention on International Civil Aviation and Annex 8, which mandates that States of Design provide necessary information to States of Registry. In turn, States of Registry, including Australia, are responsible for developing or adopting requirements to ensure the continuing airworthiness of aircraft on their registers.
The issuance of an AD does not require consultation with the Australian public, as it is governed by international obligations and in response to directives from the relevant State of Design. For example, the French Directorate General for Civil Aviation (DGAC) issued AD F-2005-088 concerning Turbomeca Arrius 2F engines. CASA assessed this AD and issued Australian AD/ARRIUS/9, which became effective on 14 June 2005. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, streamlining the process for addressing safety concerns without unnecessary bureaucratic delays.
Failure to comply with an AD can lead to severe consequences, including potential civil and criminal penalties. Non-compliance with ADs can result in the grounding of aircraft, fines, and even imprisonment, as ADs are critical for maintaining the safety standards required by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. CASA enforces these regulations rigorously to ensure the highest standards of aviation safety are met, reflecting the importance of continuing airworthiness in preventing accidents and ensuring the safety of passengers and crew.