CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 German LBA has issued AD D-2005-145 affecting Thielert Model TAE 123-01 aircraft engines. Germany is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/THIELERT/3, which will become effective on 20 April 2005.
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 Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of civil aviation in Australia, addressing the need for comprehensive regulation to manage the risks associated with air travel and the operation of aircraft within Australian airspace. The Act empowers the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, which in turn allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for the purpose of maintaining safety standards. The policy objective of the Act is to uphold the highest safety standards in air navigation, aligning with international obligations under the Convention on International Civil Aviation, particularly Annex 8 which outlines the continuing airworthiness of aircraft. CASA, as Australia’s national airworthiness authority, is responsible for assessing ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs to ensure compliance with safety regulations. This process is exemplified by the issuance of AD/THIELERT/3 in response to the German LBA's AD D-2005-145, illustrating the interplay between international and national regulatory frameworks aimed at maintaining airworthiness standards.
Scope and Application
The Civil Aviation Act 1988 and Civil Aviation Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation in Australia. The Governor-General can make regulations under section 98 of the Civil Aviation Act 1988, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. ADs are legislative instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901, and their creation is governed by the Legislative Instruments Act 2003. ADs are issued by the State of Design, and the State of Registry is responsible for ensuring the continuing airworthiness of aircraft. In this instance, CASA has assessed and issued an Australian AD in response to a German AD concerning Thielert Model TAE 123-01 aircraft engines, reflecting Australia’s obligations under the Convention on International Civil Aviation. As these directives do not require public consultation and have been determined not to necessitate a Regulatory Impact Statement, the AD was made by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with the Act.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations necessary for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901. This means that ADs carry the force of law and are subject to parliamentary disallowance.
Under the obligations imposed by Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry to ensure compliance. The State of Registry, in this case CASA, must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft registered in Australia. Therefore, when the German LBA issued AD D-2005-145 affecting Thielert Model TAE 123-01 aircraft engines, CASA assessed the information and issued Australian AD/THIELERT/3, which mandates the requirements of the State of Design.
Offences and penalties related to breaches of ADs are governed by section 90 of the Civil Aviation Act 1988, which makes it an offence to contravene an AD. Such offences are subject to the maximum penalty of $22,200 for individuals and $111,000 for corporations, as stipulated in the Act. Additionally, CASA may impose administrative penalties for non-compliance, which can include fines or other sanctions. It is essential for all relevant parties to adhere to the ADs to ensure the continuing airworthiness of aircraft and compliance with international aviation safety standards.
The issuing of ADs under the Civil Aviation Regulations 1998 does not require consultation with the Australian public as they are considered necessary measures to meet international obligations and ensure safety standards are met. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, reflecting their nature as safety-focused, regulatory instruments rather than policy measures. The AD is made by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act, ensuring that the directive is issued with the appropriate authority and in compliance with legislative requirements.