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 2007-0098 affecting Turbomeca Makila 2A series engines. France is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/MAKILA/13, which will become effective on 7 May 2009.
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, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, was introduced to provide a legislative framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in the aviation industry. This Act empowers the Governor-General to create regulations that serve the interests of air navigation safety. Under the Act, the Civil Aviation Safety Regulations 1998 were established, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. The ADs are legislative instruments, subject to disallowance, and are instrumental in maintaining the continuing airworthiness of aircraft, in alignment with the Convention on International Civil Aviation. CASA issues these directives in response to those from the State of Design or other ICAO Contracting States, thereby fulfilling Australia's international obligations and ensuring the safety standards are met on the Australian Register.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, outlines the framework within which airworthiness directives (ADs) are issued to ensure the safety of air navigation. Under this legislative structure, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products, in accordance with regulation 39.001. These directives are considered legislative instruments under the Legislative Instruments Act 2003. The scope of these ADs is dictated by international obligations under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design holds responsibility for the continuing airworthiness of aircraft types and must communicate necessary information to States of Registry, including Australia. CASA, as Australia's national airworthiness authority, is tasked with assessing and, if necessary, issuing Australian ADs in response to directives from the relevant State of Design. This particular legislative process is exemplified by the issuance of Australian AD/MAKILA/13 in response to AD 2007-0098 from the European Aviation Safety Agency (EASA) concerning Turbomeca Makila 2A series engines, with France as the State of Design. Given the international obligations and the nature of ADs, no public consultation or Regulatory Impact Statement is required for these directives.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Under these provisions, the Civil Aviation Safety Regulations 1998 (regulation 39.001) authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, as stated in subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003. ADs are essential for maintaining the continuing airworthiness of aircraft and are issued by the State of Design, which must provide all necessary information to ensure airworthiness to the appropriate States of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require the State of Design to issue ADs to ensure the continuing airworthiness of an aircraft type. The State of Registry, in this case CASA as Australia’s national airworthiness authority, must assess the ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to mandate the required safety measures. For instance, the European Aviation Safety Agency (EASA) issued AD 2007-0098 concerning Turbomeca Makila 2A series engines, with France as the State of Design. CASA has evaluated this AD and subsequently issued Australian AD/MAKILA/13, which will take effect on 7 May 2009.
The Civil Aviation Safety Regulations 1998 and related ADs do not require consultation with the Australian public due to Australia’s obligations under the Convention on International Civil Aviation and the nature of the ADs as legislative instruments responding to safety concerns raised by the State of Design. The Office of Regulatory Review has determined that such ADs do not necessitate a Regulatory Impact Statement. The ADs are made by authorised personnel within CASA, in accordance with subsection 84A(2) of the Act.
Breaching the requirements set out in an AD can have significant legal consequences. Under section 83 of the Civil Aviation Act 1988, operating an aircraft in contravention of an AD is an offence. The maximum penalty for an individual is a fine of up to $100,000 or imprisonment for up to two years, or both. For a corporation, the maximum penalty can be significantly higher, reaching up to $500,000. These penalties reflect the serious nature of non-compliance with airworthiness directives, which are designed to maintain the highest safety standards in aviation.