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-2005-047 affecting Turbomeca Astazou Engines. France is the State of Design for Turbomeca Turbine Engines. CASA has assessed this AD and has issued Australian AD/ASTAZOU/5, 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 governing civil aviation in Australia. This Act aims to ensure the safety, efficiency, and orderly development of civil aviation. It empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, which are regulatory instruments designed to maintain the continuing airworthiness of aircraft and aeronautical products. The authority to issue such directives is derived from section 98 of the Act, allowing the Governor-General to make regulations in the interests of air navigation safety. The Civil Aviation Safety Regulations 1998 further delineate the processes and criteria for issuing these directives, with CASA acting as the national airworthiness authority responsible for assessing and implementing directives from the States of Design and Registry in accordance with international standards set by the International Civil Aviation Organization.
Scope and Application
The Civil Aviation Act 1988, as augmented by the Civil Aviation Regulations 1998, encompasses the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. The Act applies to the national airworthiness authority, the Civil Aviation Safety Authority (CASA), which is tasked with issuing ADs for specified kinds of aircraft or aeronautical products. These ADs, which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, serve as a critical mechanism for maintaining the continuing airworthiness of aircraft. The geographic and jurisdictional reach of this legislation is national, aligning with Australia’s obligations under the Convention on International Civil Aviation. The Act does not mandate consultation with the Australian public for ADs issued in response to international obligations or directives from the State of Design, as evidenced by the issuance of Australian AD/ASTAZOU/5 in response to a French AD concerning Turbomeca Astazou Engines. This AD, issued by CASA, is based on the State of Design’s responsibility for continuing airworthiness information and does not require a Regulatory Impact Statement as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to create regulations that serve the Act's purposes and ensure the safety of air navigation. Under this authority, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. Section 6 of the Legislative Instruments Act 2003 recognises ADs as legislative instruments, which are subject to disallowance under section 46A of the Acts Interpretation Act 1901.
In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design holds the overarching responsibility for the continuing airworthiness of an aircraft type, requiring them to provide necessary information to ensure that aircraft remain airworthy. The State of Registry, on the other hand, is responsible for the continuing airworthiness of individual aircraft. This entails developing or adopting requirements to ensure the aircraft’s airworthiness. When the State of Design issues an AD, CASA must assess the information and, if necessary, issue an Australian AD to enforce the State of Design's requirements. In the case of the Turbomeca Astazou Engines, the French DGAC issued AD F-2005-047, which CASA assessed and subsequently issued as Australian AD/ASTAZOU/5.
The obligations under this Act and its regulations require CASA to assess and, if appropriate, issue ADs based on the continuing airworthiness information provided by the State of Design. The State of Registry must also ensure the airworthiness of individual aircraft. The ADs must be issued in accordance with the relevant sections of the Act and Regulations, ensuring compliance with both international obligations and domestic safety standards.
The Act and Regulations impose penalties for non-compliance with airworthiness directives. Any person who contravenes a direction in an AD may be liable for a civil penalty of up to $22,200 for a corporation and $4,440 for an individual. Additionally, a person who contravenes a direction in an AD that results in a risk to aviation safety may be liable for criminal penalties. The maximum penalty for an individual is a fine of up to $121,500 or imprisonment for up to 12 months, or both, while the maximum penalty for a corporation is a fine of up to $607,500. These provisions underscore the importance of adhering to ADs to maintain aviation safety standards.