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 2008-0128 affecting Thielert Aircraft Engines GmbH. TAE 125-01 engines. Germany is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/THIELERT/10, which will become effective on 28 August 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, New Technologies and Systems, in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 is a foundational piece of legislation in Australia that governs civil aviation safety, including the regulation of airworthiness and the issuance of airworthiness directives. Enacted by the Commonwealth Parliament, the Act aims to ensure the safety of air navigation and the continuing airworthiness of aircraft. The Civil Aviation Safety Regulations 1998, which were made under the authority of this Act, provide a framework for the implementation of safety measures, including the ability for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) in accordance with section 39.001. These ADs serve as legislative instruments, crucial for maintaining the safety standards required under international agreements such as Annex 8 to the Convention on International Civil Aviation. The policy objective of this legislative framework is to align Australia's aviation safety practices with international standards, ensuring the safety of aircraft operating within Australian airspace while fulfilling Australia’s obligations as a signatory to the Convention on International Civil Aviation.
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) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These directives are legislative instruments and are typically issued in response to safety concerns identified by the State of Design or other contracting states under the Convention on International Civil Aviation. The ADs are designed to mandate necessary measures for maintaining the continuing airworthiness of aircraft registered in Australia. CASA, as Australia’s national airworthiness authority, has the responsibility to assess any international ADs that pertain to aircraft or aeronautical products on the Australian register and, if appropriate, issue corresponding Australian ADs. This legislative framework ensures that Australian-registered aircraft meet international safety standards, reflecting Australia's obligations under international aviation conventions. Given the nature of these directives, they are not subject to public consultation or a Regulatory Impact Statement, as they are based on international obligations and immediate safety concerns.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to create regulations aimed at enhancing the safety of air navigation. This regulatory authority extends to the Civil Aviation Safety Regulations 1998, where regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are formal instruments and are considered legislative under section 6 of the Legislative Instruments Act 2003. According to subregulation 39.001(5), ADs are disallowable instruments, aligning with section 46A of the Acts Interpretation Act 1901.
The obligations under these provisions require the State of Design to bear overall responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing necessary information to ensure the aircraft's ongoing airworthiness to the relevant State of Registry. The State of Registry must develop or adopt its own requirements to maintain airworthiness, ensuring that individual aircraft meet safety standards. When a State of Design issues an AD, CASA must review this information and, if necessary, issue an Australian AD to enforce the State of Design's requirements. For instance, the European Aviation Safety Agency (EASA) issued AD 2008-0128 concerning Thielert Aircraft Engines GmbH. TAE 125-01 engines, with Germany as the State of Design. CASA subsequently issued Australian AD/THIELERT/10, effective from 28 August 2008.
There are specific consequences for breaching the requirements set out in the ADs. While the ADs are issued in response to international obligations and do not require public consultation, they carry significant weight in ensuring aviation safety. The Office of Regulatory Review has concluded that ADs do not necessitate a Regulatory Impact Statement. The ADs are made by authorised personnel within CASA, adhering to the provisions of subsection 84A(2) of the Act. The issuing authority is the Manager, New Technologies and Systems, in the Airworthiness Engineering Branch, ensuring that CASA's actions comply with the legislative framework.