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 United States FAA has issued AD 2008-19-12 affecting Honeywell TFE 731 engines. The United States is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/TFE 731/36, which will become effective on 18 December 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 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 was enacted to provide a comprehensive legislative framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. This Act empowers the Governor-General to make regulations necessary for the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998 further detail the process for issuing ADs, which are legislative instruments under the Acts Interpretation Act 1901. The ADs are essential for maintaining the continuing airworthiness of aircraft and aeronautical products, in line with Australia’s obligations under the Convention on International Civil Aviation. The ADs are issued in response to directives from the State of Design, and CASA, as Australia’s national airworthiness authority, is responsible for assessing and implementing these directives as Australian ADs. This legislative framework ensures that Australia adheres to international standards while maintaining the safety and airworthiness of aircraft registered in the country.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that mandate safety requirements for specific kinds of aircraft or aeronautical products. These directives are necessary to ensure the continuing airworthiness of aircraft and aeronautical products, reflecting Australia's commitment to international safety standards as outlined in Annex 8 to the Convention on International Civil Aviation. An AD, such as the one issued by CASA in response to a United States Federal Aviation Administration directive affecting Honeywell TFE 731 engines, becomes a legislative instrument under the Legislative Instruments Act 2003. The AD issued by CASA as AD/TFE 731/36 will be effective from 18 December 2008. This AD applies to aircraft registered in Australia and is issued without public consultation due to its international obligations and the nature of the directive. The process of issuing such ADs ensures that Australia meets its safety obligations under international conventions, while the ADs themselves are not subject to a Regulatory Impact Statement as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under section 98 of the Act (section 98) and regulation 39.001 of the Regulations (regulation 39.001). These directives are legislative instruments that address the continuing airworthiness of aircraft types and aeronautical products, and they are issued in the interest of safety in air navigation. According to subregulation 39.001(5), ADs are disallowable instruments, as defined by section 46A of the Acts Interpretation Act 1901, and they fall under the purview of the Legislative Instruments Act 2003.
The obligations imposed on parties governed by these provisions include the responsibility of the State of Design to provide necessary information for ensuring the continuing airworthiness of aircraft types. This is aligned with Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in the case of Australia is CASA, must develop or adopt requirements to ensure that individual aircraft meet airworthiness standards. CASA, as Australia's national airworthiness authority, must assess ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the requirements. This ensures that Australian registered aircraft comply with international safety standards.
There are no specific offences or penalties outlined within the text for non-compliance with ADs. However, non-compliance with ADs may lead to severe consequences, such as grounding of aircraft, which could have both civil and criminal implications. Civil penalties for non-compliance with aviation regulations can include fines, while criminal penalties may involve imprisonment, depending on the severity and intent behind the non-compliance. The maximum penalties are not specified within the provided text but would be determined under the relevant laws governing civil and criminal aviation offences.