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 Civil Aviation Safety Authority or its predecessors issued AD/ARTOUSTE/4 affecting Turbomeca Artouste IIIB series turbine engines. CASA has assessed this AD and as a result has cancelled Australian AD/ARTOUSTE/4. The cancellation will become effective on 2 July 2009. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation 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 for the safety of air navigation and to establish the Civil Aviation Safety Authority (CASA) as Australia's national airworthiness authority. It addresses the need for comprehensive regulation of civil aviation to ensure safety and compliance with international standards. Under section 98 of the Act, the Governor-General is empowered to make regulations for the purposes of the Act, which are essential for maintaining the safety of air navigation. The Civil Aviation Safety Regulations 1998, which include the regulation for issuing airworthiness directives (ADs), were introduced to ensure the continuing airworthiness of aircraft and aeronautical products. ADs are legislative instruments that align with international obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design is responsible for the continuing airworthiness of aircraft types. CASA issues ADs to enforce these requirements within Australia, ensuring that both State of Design and State of Registry responsibilities are met. The Civil Aviation Safety Regulations also provide that ADs are disallowable instruments, meaning they can be reviewed and potentially annulled by the Parliament.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, which are regulatory tools used to ensure the safety of aircraft in operation. The Act applies to entities such as the Civil Aviation Safety Authority (CASA), aircraft operators, and other stakeholders within the aviation industry, particularly those involved in the maintenance, operation, and oversight of aircraft. These regulations have a national jurisdictional reach, encompassing all aircraft registered in Australia and ensuring compliance with international standards set by the Convention on International Civil Aviation (ICAO). The ADs are issued under the authority granted by section 98 of the Act and regulation 39.001, which empowers CASA to mandate specific safety measures for aircraft types and aeronautical products. Furthermore, these ADs are classified as legislative instruments under the Legislative Instruments Act 2003. There are no stated exclusions or exemptions in the ADs themselves, though specific conditions or circumstances may be outlined within individual directives. The scope of the ADs can be extended or restricted through subordinate instruments as necessary to address emerging safety concerns or technological advancements in the aviation sector.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. Specifically, under section 98 of the Act, the Governor-General can make regulations in the interest of safety, and regulation 39.001 of the Regulations allows CASA to issue ADs for types of aircraft or aeronautical products. These ADs are legislative instruments, as per section 6 of the Legislative Instruments Act 2003. They are critical for ensuring the continuing airworthiness of aircraft types, as per Annex 8 to the Convention on International Civil Aviation, which designates the State of Design with the responsibility for this aspect. The State of Registry, which for Australia is CASA, must then assess this information and, if necessary, issue a corresponding Australian AD.
The obligations imposed on parties and entities by these provisions are significant. CASA, as the national airworthiness authority, must carefully evaluate any ADs issued by the State of Design, particularly those affecting aircraft registered in Australia. Once an AD is deemed necessary, CASA must issue an Australian AD that mandates the requirements of the original AD. This ensures that all aircraft of the specified type operating in Australia meet the safety standards set by the State of Design. Additionally, CASA must ensure that any ADs issued are in line with Australia’s obligations under international conventions and that they do not require additional public consultation or regulatory impact assessments, as determined by the Office of Best Practice Regulation.
Failure to comply with an AD can have serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be an offence, subjecting individuals and organisations to both criminal and civil penalties. The Act stipulates that an AD is enforceable as if it were a provision of the Act itself. Consequently, breaches of ADs can lead to criminal charges, with penalties that may include fines and imprisonment, depending on the severity of the offence. Civil penalties can also be imposed, where the breach is considered a contravention of a legislative instrument, potentially resulting in fines. The exact penalties are not specified in the explanatory statement but are generally aligned with the severity of the safety risk posed by non-compliance.