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 European Aviation Safety Authority (EASA) has issued AD 2008-0078 affecting Société de Motorisations Aéronautiques (SMA) engines. EASA acts on behalf of France, the State of Design for this engine series. CASA has assessed this AD and has issued Australian AD/SMA/4, which will become effective on 13 May 2008.
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 Best Practice Regulation 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 Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, aims to regulate civil aviation in Australia for the safety of air navigation and to comply with international standards. To facilitate this, the Governor-General has the authority under section 98 to make regulations necessary for the purposes of the Act. The Civil Aviation Safety Regulations 1998, made under this Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft and aeronautical products. The issuance of ADs is a legislative instrument as per the Legislative Instruments Act 2003, and they are typically issued in response to international obligations, such as those under the Convention on International Civil Aviation. In the case of AD 2008-0078 issued by the European Aviation Safety Authority (EASA) for SMA engines, CASA issued the corresponding Australian AD/SMA/4, which became effective on 13 May 2008, without public consultation as required by international obligations.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. This regulatory framework applies to all aircraft registered in Australia and encompasses the entities responsible for their airworthiness, including aircraft operators and maintenance providers. Geographically, the regulations operate under Australia's commitments to the Convention on International Civil Aviation, necessitating alignment with directives issued by the State of Design and the State of Registry. Any AD issued by CASA is a legislative instrument, subject to disallowance and oversight. The application of these regulations is comprehensive, barring no specific exclusions or exemptions, and extends to mandating compliance with international standards set forth by ICAO and other contracting states. While the ADs are primarily derived from international obligations and assessments, they do not typically require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for issuing airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations necessary for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003. This means that ADs are formal regulatory instruments with legal authority.
The obligations and requirements imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 centre around ensuring the continuing airworthiness of aircraft. The State of Design, which is the country where the aircraft is designed, holds the primary responsibility for the continuing airworthiness of an aircraft type under Annex 8 to the Convention on International Civil Aviation. This State must provide necessary information to ensure the airworthiness of the aircraft type to the States of Registry. The State of Registry, which is the country where the aircraft is registered, must then develop or adopt requirements to maintain the continuing airworthiness of the aircraft. In Australia, CASA, as the national airworthiness authority, is responsible for assessing information provided by the State of Design and issuing Australian ADs when necessary to enforce the requirements of the State of Design.
The European Aviation Safety Authority (EASA) issued AD 2008-0078 concerning SMA engines, which are designed by France. As a result of Australia’s obligations under the Convention on International Civil Aviation, CASA assessed this AD and issued Australian AD/SMA/4, effective from 13 May 2008. Given that this AD is a response to an international obligation and a requirement of the State of Design, no public consultation or Regulatory Impact Statement was deemed necessary by the Office of Best Practice Regulation. The AD was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch of CASA, in accordance with subsection 84A(2) of the Act.
Any breach of an AD could lead to serious consequences, both civil and criminal. Under section 48 of the Civil Aviation Act 1988, a person who contravenes an AD commits an offence and is liable to a fine of up to 500 penalty units for an individual, or 2,500 penalty units for a body corporate. Furthermore, under section 104 of the Act, CASA may issue a direction to rectify any non-compliance, and failure to comply with such a direction can result in additional penalties. The severity of these penalties underscores the importance of adhering to ADs for the safety and regulatory compliance of aircraft operations.