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 French DGAC has issued AD F-2006-029 affecting Turbomeca Makila 1A2 model aircraft engines. France is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/MAKILA/7, which will become effective on13 April 2006.
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 provide a regulatory framework for civil aviation in Australia, with a primary focus on ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, in order to maintain the safety of air navigation. In line with international obligations under Annex 8 to the Convention on International Civil Aviation, the State of Design holds the responsibility for the continuing airworthiness of aircraft types, and must provide necessary information to States of Registry. The Civil Aviation Safety Authority (CASA), as Australia's national airworthiness authority, must assess such information and, if appropriate, issue corresponding ADs. This legislative framework ensures that Australia meets its international commitments while maintaining high safety standards for civil aviation within its jurisdiction.
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 specific types of aircraft or aeronautical products. These ADs, being legislative instruments under the Legislative Instruments Act 2003, are issued in the interests of ensuring the safety of air navigation as per section 98 of the Civil Aviation Act 1988. This regulatory action applies to all aircraft and aeronautical products registered in Australia, thereby affecting airlines, aircraft manufacturers, and other entities involved in the design, maintenance, and operation of these products. Geographically, the regulations extend to the entire Commonwealth of Australia, ensuring uniform application across state and territory borders. Notably, the issuance of ADs is governed by international standards set forth in Annex 8 to the Convention on International Civil Aviation, which delineates the responsibilities of the State of Design and the State of Registry in maintaining airworthiness. Exemptions or exclusions from these regulations are not specified in the given text, though the necessity for adherence to international standards may implicitly limit such exceptions.
Key Provisions
The main sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 that are pertinent here are sections 98 and 39.001 respectively. Section 98 of the Act empowers the Governor-General to make regulations for the purposes of the Act, particularly in the interest of air navigation safety. Section 39.001 of the Regulations permits the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) classifies ADs as disallowable instruments under the Acts Interpretation Act 1901, thereby making them legislative instruments in accordance with the Legislative Instruments Act 2003.
These regulations and provisions impose specific obligations on CASA and the State of Registry of an aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design holds the primary responsibility for ensuring the continuing airworthiness of an aircraft type, and must furnish necessary information to the States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. In the context of Australia, CASA, as the national airworthiness authority, is tasked with assessing information from the State of Design and, if deemed appropriate, issuing an Australian AD to enforce the requirements of the State of Design. This process ensures that Australian-registered aircraft meet international safety standards.
In terms of compliance and consequences, the Act and Regulations do not explicitly outline offences or penalties for non-compliance with ADs. However, the broader legal framework within which these regulations operate includes potential civil and criminal liabilities for failing to comply with safety directives. Non-compliance could potentially lead to enforcement actions by CASA, which might include fines, suspension or revocation of airworthiness certificates, and other administrative penalties. These actions are designed to enforce adherence to safety standards and protect the public from unsafe aviation practices.
An illustrative example of this regulatory process is evident in AD F-2006-029 issued by the French DGAC concerning Turbomeca Makila 1A2 model aircraft engines. Given that France is the State of Design, CASA assessed this AD and subsequently issued Australian AD/MAKILA/7. This AD became effective on 13 April 2006. Importantly, since this AD was issued in response to obligations under the Convention on International Civil Aviation and was based on an AD from the relevant State of Design, no public consultation was required. Additionally, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The AD was 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.