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-2005-064 affecting Turbomeca Astazou XIV B Engines. France is the State of Design for Turbomeca Astazou Engines. CASA has assessed this AD and has issued Australian AD/ASTAZOU/4, original issue, which will become effective on 7 July 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, was introduced to establish a comprehensive legal framework for civil aviation in Australia, addressing the need for safety, efficiency, and orderly development of civil aviation. The Act authorises the creation of regulations to ensure the safety of air navigation, with the Civil Aviation Safety Regulations 1998 further detailing the procedures for maintaining airworthiness. In line with international standards and obligations under the Convention on International Civil Aviation, the Act facilitates the issuance of airworthiness directives (ADs) to address safety concerns with specific types of aircraft or aeronautical products. These ADs, issued by the Civil Aviation Safety Authority (CASA) as Australia's national airworthiness authority, are crucial for ensuring the continuing airworthiness of aircraft registered in Australia. The ADs often respond to directives issued by the State of Design and must align with international safety standards to maintain consistency and compliance with global aviation regulations.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. These regulations apply to entities such as aircraft manufacturers, aviation authorities, and operators of aircraft registered in Australia. The Act and Regulations focus on ensuring the safety of air navigation, with the Civil Aviation Safety Authority (CASA) being the national airworthiness authority responsible for enforcing compliance with airworthiness directives. The geographic scope of these regulations is national, encompassing all aircraft and aeronautical products registered or operated in Australia. ADs issued by CASA are legislative instruments that are subject to disallowance and must adhere to the provisions of the Legislative Instruments Act 2003. The issuance of ADs is necessitated by Australia’s obligations under the Convention on International Civil Aviation, particularly Annex 8, which delineates the responsibility of the State of Design for continuing airworthiness. In this context, the State of Registry, in Australia's case CASA, is responsible for ensuring the continuing airworthiness of aircraft. The ADs issued by CASA are in response to directives issued by the State of Design, such as the French DGAC's AD F-2005-064 concerning Turbomeca Astazou XIV B Engines. Given that these directives are issued in compliance with international conventions, they do not require public consultation or a Regulatory Impact Statement. The ADs are developed and issued by CASA, with the authority delegated to the Section Head - Systems, Airworthiness Standards Branch, Standards Division, in accordance with the Civil Aviation Act 1988.
Key Provisions
The main provisions of the Civil Aviation Act 1988 and Civil Aviation Regulations 1998 relevant to airworthiness directives (ADs) can be found in section 98 and regulation 39.001 respectively. Section 98 allows the Governor-General to make regulations in the interests of air navigation safety, and regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain aircraft or aeronautical products. Under subregulation 39.001(5), an AD is considered a disallowable instrument and a legislative instrument under the Acts Interpretation Act 1901 and Legislative Instruments Act 2003, respectively.
The obligations imposed by these provisions on CASA include the duty to assess information from the State of Design, which is the State responsible for the design of the aircraft type, and to issue an Australian AD if deemed appropriate. The State of Registry, which is the State responsible for the individual aircraft, must also develop or adopt requirements to ensure the continuing airworthiness of aircraft. This obligation extends to CASA as Australia’s national airworthiness authority, which must ensure compliance with international standards as set out in Annex 8 to the Convention on International Civil Aviation.
In the context of issuing an AD, such as AD/ASTAZOU/4, CASA must consider the AD issued by the State of Design, such as the French DGAC’s AD F-2005-064, and decide whether to mandate the requirements in Australia. This process involves no public consultation as it is governed by international obligations and the nature of ADs. Additionally, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The authority to issue such ADs is exercised by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, in accordance with subsection 84A(2) of the Act.
There are specific consequences for non-compliance with ADs. While the legislation does not explicitly state offences, penalties, or consequences for breaching an AD, non-compliance can result in serious civil or criminal penalties. The Civil Aviation Act 1988 and other related aviation regulations include provisions for offences that can lead to substantial fines and imprisonment. For instance, operating an aircraft that does not comply with an AD could result in penalties under section 94, which allows for fines of up to $150,000 for individuals and $750,000 for corporations, as well as imprisonment for up to two years. These severe penalties underscore the importance of adhering to ADs to maintain aviation safety standards.