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 German LBA issued AD D-2005-145 affecting Thielert Model TAE125-01 aircraft engines. Germany is the State of Design for this type. These engines are installed in Diamond DA 40-D model aircraft and although Germany is not the state of design for these aircraft, CASA has assessed the LBA AD and has issued Australian AD/DA40/5, which will become effective on 20 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 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, governs the safety and regulation of civil aviation in Australia, with the overarching objective of ensuring the safety of air navigation. The Act provides the legal framework for the regulation of civil aviation and includes provisions for the issuance of airworthiness directives (ADs) to address safety concerns with aircraft or aeronautical products. In accordance with the Act, the Civil Aviation Safety Authority (CASA) can issue ADs to mandate safety requirements for aircraft and aeronautical products on the Australian Register. The Civil Aviation Regulations 1998 further detail the procedures for the issuance of ADs. The authority to issue ADs is intended to align with Australia's obligations under the Convention on International Civil Aviation, ensuring that Australian aviation practices are consistent with international standards and requirements. The issuance of ADs is a critical tool for maintaining the continuing airworthiness of aircraft and ensuring the safety of air navigation within Australia.
Scope and Application
The Civil Aviation Act 1988, along with its accompanying Civil Aviation Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia to ensure the safety of air navigation. Under section 98 of the Act, the Governor-General has the authority to make regulations necessary for this purpose, with regulation 39.001 specifically empowering the Civil Aviation Safety Authority (CASA) to issue ADs for particular kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are issued in accordance with Annex 8 to the Convention on International Civil Aviation. The State of Design, which holds primary responsibility for the continuing airworthiness of an aircraft type, must provide necessary information to the States of Registry, who are then responsible for ensuring the continuing airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to enforce these requirements. In cases where a State of Design issues an AD, such as Germany's AD D-2005-145 for Thielert Model TAE125-01 aircraft engines, CASA assesses and issues Australian ADs like AD/DA40/5, which applies to aircraft like the Diamond DA 40-D model. This process is conducted under Australia’s obligations under international conventions and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework for issuing airworthiness directives (ADs) to ensure the safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to create regulations in the interest of safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. It is important to note that these ADs are legislative instruments, as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions require the State of Design to maintain the continuing airworthiness of aircraft types and provide necessary information to States of Registry. The State of Registry is responsible for ensuring the airworthiness of individual aircraft and must develop or adopt requirements accordingly. When a State of Design issues an AD, CASA must assess this information and, if appropriate, issue a corresponding Australian AD. For example, the German Luftfahrt-Bundesamt (LBA) issued AD D-2005-145 for Thielert Model TAE125-01 aircraft engines, and CASA issued Australian AD/DA40/5 for these engines installed in Diamond DA 40-D model aircraft.
In terms of compliance and consequences, ADs are issued in accordance with Australia’s obligations under the Convention on International Civil Aviation and in response to ADs issued by the relevant State of Design, hence no public consultation is required. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The AD is made by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act. Failure to comply with ADs can lead to serious safety risks and may result in severe consequences, including the potential grounding of affected aircraft until the required actions are taken. The specific penalties for non-compliance are not detailed in the text, but they can include both civil and criminal penalties, as stipulated by relevant aviation laws and regulations.