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 EASA has issued AD 2007-0030 affecting Turbomeca ARTOUSTE III turboshaft engines. EASA is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/ARTOUSTE/7, which will become effective on 21 February 2007.
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 Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework that ensures the safety and efficiency of civil aviation in Australia. One of the key mechanisms under this Act is the ability for the Governor-General to issue regulations, such as airworthiness directives (ADs), in the interest of air navigation safety. These regulations are intended to mandate compliance with safety standards for aircraft and aeronautical products, ensuring that they meet necessary safety criteria. The Civil Aviation Safety Regulations 1998 further detail the process by which ADs can be issued, with regulation 39.001 allowing the Civil Aviation Safety Authority (CASA) to issue such directives. The Civil Aviation Act 1988 and its associated regulations are designed to align with international standards, particularly those set out in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type. CASA, as Australia's national airworthiness authority, is tasked with assessing international ADs and, where necessary, issuing corresponding Australian ADs to ensure compliance with safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby ensuring the safety of air navigation. These ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and must be assessed and, if necessary, adopted by CASA. This process is mandated by Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design overall responsibility for an aircraft type's continuing airworthiness, requiring the provision of necessary information to States of Registry. Consequently, CASA, as Australia's national airworthiness authority, must evaluate any ADs issued by the State of Design and issue corresponding Australian ADs to enforce the required safety standards. This legislation applies to all aircraft and aeronautical products within Australia's jurisdiction, and while no public consultation has been undertaken for specific ADs due to their international obligations, they are integral to maintaining the safety standards in civil aviation.
Key Provisions
The Civil Aviation Act 1988, through section 98, provides the authority for the Governor-General to create regulations aimed at ensuring the safety of air navigation. This authority is further elaborated upon in the Civil Aviation Safety Regulations 1998, specifically regulation 39.001, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. It is important to note that under subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations under these provisions are multifaceted. The State of Design, which is the country where the aircraft type was designed, bears the overall responsibility for ensuring the continuing airworthiness of the aircraft, as stipulated in Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing necessary information to the State of Registry—the country where the aircraft is registered—to ensure ongoing airworthiness. The State of Registry must then either develop or adopt the requirements needed to maintain the airworthiness of the aircraft. In Australia, CASA, as the national airworthiness authority, plays a crucial role by assessing ADs issued by States of Design and, if necessary, issuing Australian ADs to enforce the requirements for aircraft on the Australian Register.
Failure to comply with the provisions of an AD can result in serious consequences. Under the Civil Aviation Act 1988, any person who contravenes a direction issued under the Act is liable to a penalty. The specific penalties for non-compliance with airworthiness directives can vary but may include substantial fines and potential criminal charges for serious breaches. The exact penalties are detailed in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, which outline the enforcement mechanisms and sanctions applicable to non-compliance. These provisions underscore the importance of adhering to ADs to ensure the safety and airworthiness of aircraft operating in Australian airspace.