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 2008-0130 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/11, which will become effective on 29 July 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 was enacted to provide a comprehensive legislative framework for the regulation of civil aviation in Australia. This Act, administered by the Civil Aviation Safety Authority (CASA), addresses the safety and efficiency of air navigation and aircraft operations. In line with the Act, the Civil Aviation Safety Regulations 1998 empower CASA to issue airworthiness directives (ADs) for certain types of aircraft and aeronautical products to ensure compliance with safety standards. These ADs, which are legislative instruments, are issued in accordance with Australia’s obligations under the Convention on International Civil Aviation and in response to ADs issued by the aircraft’s State of Design. As these directives are issued to meet international obligations and in response to foreign ADs, there is no requirement for public consultation or a Regulatory Impact Statement. The ADs are made by authorised CASA officials, reflecting the policy objective of maintaining the highest safety standards in civil aviation.
Scope and Application
The Civil Aviation Act 1988, specifically in conjunction with regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are issued to ensure the safety of air navigation and are considered legislative instruments, subject to disallowance and oversight as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The application of these ADs is integral to Australia’s compliance with Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design, such as Germany in the case of Thielert Aircraft Engines GmbH TAE 125-01 engines, provides necessary information to ensure the continuing airworthiness of aircraft types. CASA, as Australia’s national airworthiness authority, must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements set by the State of Design. This regulatory framework underscores Australia's commitment to international civil aviation standards while ensuring the safety of aircraft registered within its jurisdiction.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia, as outlined in section 98 and regulation 39.001 respectively. Section 98 of the Civil Aviation Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. It is crucial to note that ADs, as stated in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on the entities governed by these provisions are substantial. The State of Design, in this case, Germany, holds the overall responsibility for the continuing airworthiness of the aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This means Germany must provide all necessary information to ensure the continued airworthiness of the aircraft type to the relevant States of Registry, such as Australia. In turn, the State of Registry, represented by CASA, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction. When a State of Design issues an AD, CASA must assess the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
Failing to comply with an airworthiness directive can lead to severe consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence. The Act stipulates that a person who contravenes an AD commits an offence, and this can lead to both civil and criminal penalties. Civil penalties may include fines and other sanctions imposed by CASA, while criminal penalties could involve imprisonment or substantial fines, depending on the severity of the breach and any previous convictions. The specific maximum penalties are not detailed in the provided text, but they are outlined in the relevant sections of the Civil Aviation Act 1988 and associated regulations. It is essential for all stakeholders, including aircraft operators and maintenance organisations, to adhere to ADs to maintain the highest safety standards in aviation.