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 2007-0033 affecting Société de Motorisations Aéronautiques SR305-230 and SR305-203-1 model engines. The EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/SMA/2 Amendment 1, which will become effective on 7 March 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, enacted by the Parliament of Australia, governs civil aviation activities within the country with a focus on ensuring the safety of air navigation. Complementing this Act, the Civil Aviation Safety Regulations 1998 provide the framework for the regulation of civil aviation safety, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are mandated by section 98 of the Act and regulation 39.001 of the Regulations, aimed at maintaining the safety standards of aircraft and aeronautical products. As legislative instruments, ADs fall under the purview of the Legislative Instruments Act 2003. The introduction of ADs is necessitated by Australia's commitments under the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of aircraft types. CASA, as the national airworthiness authority, evaluates and issues ADs based on assessments of international directives, ensuring compliance with international standards and domestic safety requirements.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft and aeronautical products. This regulatory framework is designed to ensure the continuing airworthiness of aircraft and aeronautical products registered in Australia, aligning with international obligations under the Convention on International Civil Aviation. The State of Design has the primary responsibility for ensuring the continuing airworthiness of aircraft types, and the State of Registry is mandated to implement the necessary requirements to maintain airworthiness. When the European Union Aviation Safety Agency (EASA) issues an AD for a type of aircraft registered in Australia, CASA, as the national airworthiness authority, is required to evaluate the directive and, if appropriate, issue an Australian AD. The AD in question pertains to the Société de Motorisations Aéronautiques SR305-230 and SR305-203-1 model engines and is a legislative instrument under the Legislative Instruments Act 2003. Given the international context and the necessity to comply with the Convention on International Civil Aviation, no public consultation was conducted, and a Regulatory Impact Statement was not deemed necessary. The AD was issued by the Manager, New Technologies and Systems, on behalf of CASA.
Key Provisions
The key operative sections of this legislation include section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products (s 98, s 39.001). These ADs are considered legislative instruments under the Legislative Instruments Act 2003 (s 6). Furthermore, Annex 8 to the Convention on International Civil Aviation outlines the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the continuing airworthiness of individual aircraft (Annex 8). CASA, as Australia’s national airworthiness authority, must assess ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs.
Under this legislation, CASA is obligated to assess ADs issued by the State of Design and to issue Australian ADs if necessary, ensuring compliance with the requirements outlined in the international ADs (s 39.001(5)). CASA must also ensure that the ADs issued are in accordance with Australia's obligations under the Convention on International Civil Aviation. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft, and CASA’s role is pivotal in implementing these requirements at the national level. Additionally, the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, issues these ADs on behalf of CASA in compliance with the Civil Aviation Act 1988 (subsection 84A(2)).
There are no explicit offences, penalties, or civil/criminal consequences mentioned for breach of these ADs within the provided text. However, failure to comply with the ADs could potentially lead to enforcement actions by CASA under other provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Such actions might include grounding of non-compliant aircraft, fines, and other regulatory measures to ensure air safety. While specific penalties are not detailed in this excerpt, the overarching aim of the ADs is to ensure adherence to airworthiness standards to prevent accidents and maintain safety in aviation.