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 2007-0143 affecting Turbomeca Makila turboshaft engines. The EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/MAKILA/7 Amendment 1, which will become effective on 5 July 2007. This AD cancels and replaces the previous issue.
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, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive legal framework governing civil aviation in Australia, addressing the need for safety, efficiency, and regulation in air navigation and operations. The Act provides the authority for the issuance of regulations, including airworthiness directives (ADs), which are critical for maintaining the safety standards of aircraft and aeronautical products. Under section 98 of this Act, the Governor-General is empowered to create regulations that align with the Act's safety objectives, while the Civil Aviation Safety Regulations 1998 further detail the processes and responsibilities for ensuring airworthiness. These regulations enable the Civil Aviation Safety Authority (CASA) to issue ADs, which are legislative instruments that mandate specific actions to address identified safety issues. In the context of international cooperation, Australia, through CASA, assumes the responsibility of issuing ADs in response to those issued by the State of Design, thereby fulfilling its obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. This authority extends to the issuance of ADs in compliance with Australia’s obligations under the Convention on International Civil Aviation, specifically Annex 8, which delineates the responsibilities of the State of Design and the State of Registry for aircraft airworthiness. The ADs serve as a mechanism to ensure that aircraft maintain their airworthiness over time, with CASA acting as the national airworthiness authority responsible for evaluating and, if necessary, issuing Australian ADs in response to those issued by the State of Design. This legislative framework is designed to uphold safety standards in civil aviation, and the ADs are considered legislative instruments under the Legislative Instruments Act 2003. While the ADs are issued in accordance with international conventions and to meet the specific requirements of the aircraft registered in Australia, they are not subject to public consultation or a Regulatory Impact Statement as determined by the Office of Regulatory Review.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation through the issuance of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General is authorised to make regulations for the purposes of the Act, specifically to ensure the safety of air navigation. This authority is exercised through regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by the Act and the Regulations on the parties involved are primarily centred around the maintenance and oversight of aircraft safety. The State of Design, which in this context is the European Aviation Safety Agency (EASA) for Turbomeca Makila turboshaft engines, holds the primary responsibility for the continuing airworthiness of the aircraft type. This includes providing necessary information to ensure the safety and compliance of the aircraft with international standards. The State of Registry, which is Australia in this case, must then develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. CASA, as Australia’s national airworthiness authority, is required to assess any ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to mandate the requirements.
Failure to comply with the provisions of the ADs can result in significant legal consequences. While the specific offences, penalties, or consequences are not detailed in the given text, it is clear that non-compliance with ADs can lead to safety risks and potential regulatory action. Such actions could include enforcement measures by CASA, which may vary from administrative penalties to more severe actions such as grounding of the aircraft or legal proceedings against the operator or manufacturer. The seriousness of these consequences underscores the critical nature of adhering to ADs in maintaining the safety and airworthiness of aircraft.