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 issued AD F-2005-023, affecting TCM / Lycoming engines overhauled by Provence Aero Maintenance France, in 2005. DGAC France is the authority responsible for Safety Standards of French maintenance organisations including Provence Aero Maintenance. CASA has assessed this AD and has issued Australian AD/CON/83, which will become effective on 14 April 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 Authority, 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 Australian Parliament, serves to regulate civil aviation activities within Australia, with a primary focus on ensuring the safety of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are designed to maintain the continuing airworthiness of aircraft, ensuring they meet safety standards. The issuing of ADs is part of Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which allocates the responsibility of continuing airworthiness to the State of Design and requires States of Registry to implement measures for maintaining airworthiness. In practice, CASA evaluates ADs issued by other countries' aviation authorities, such as the French DGAC, and, where necessary, issues corresponding Australian ADs to enforce the required safety measures domestically.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) in Australia, ensuring the safety of air navigation. Under this Act, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance and the Legislative Instruments Act 2003. The ADs serve to mandate continuing airworthiness requirements for aircraft registered in Australia, aligning with the obligations under the Convention on International Civil Aviation. The State of Registry, in this case CASA, is responsible for ensuring the continuing airworthiness of aircraft registered in Australia, and must adopt or develop requirements to meet these obligations. ADs are typically issued in response to directives from the State of Design or other contracting states, and no public consultation is required as they are based on international obligations. This legislation extends its reach to all entities involved in the maintenance and operation of aircraft within Australia, ensuring that safety standards are uniformly applied across the industry.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Regulations 1998, allows the Governor-General to make regulations for the safety of air navigation, and permits the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft or aeronautical products (sections 98 and 39.001). These ADs are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003 respectively (section 46A and section 6). The issuing of ADs aligns with Annex 8 of the Convention on International Civil Aviation, which places responsibility for the continuing airworthiness of an aircraft type with the State of Design, who must provide necessary information to the States of Registry. The State of Registry, such as Australia, must then ensure the continuing airworthiness of aircraft, either by developing or adopting requirements or by issuing ADs in response to directives from the State of Design.
Entities governed by the Act, particularly CASA as Australia’s national airworthiness authority, have obligations to assess and implement ADs issued by the State of Design. When a State of Design, such as France’s DGAC, issues an AD, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design (Annex 8 and regulation 39.001). This process ensures that Australian-registered aircraft meet international safety standards, reflecting Australia’s commitment to the Convention on International Civil Aviation. Given the international nature of these directives, no public consultation is required in Australia, and the Office of Regulatory Review has determined that such ADs do not necessitate a Regulatory Impact Statement.
The issuance of an AD, such as the Australian AD/CON/83 in response to the French AD F-2005-023, involves specific procedural steps outlined in the Act. The AD is made by the appropriate Section Head at CASA, in accordance with subsection 84A(2) of the Act. The consequences of non-compliance with ADs can be severe, as they are integral to maintaining the airworthiness of aircraft. Failure to comply with ADs can result in both civil and criminal penalties, reflecting the critical nature of adhering to these safety directives. The maximum penalties for breaches are determined by the severity of the non-compliance and are subject to the provisions of the Civil Aviation Act 1988 and associated regulations.