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 Luftfahrt-Bundesamt has issued AD D-2005-229 affecting Thielert TAE 125 Model TAE 125-101 engines. Germany is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/THIELERT/5, which will become effective on 30 June 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, enacted by the Commonwealth Parliament, is a foundational piece of legislation that governs civil aviation in Australia, with the primary objective of ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. The Civil Aviation Regulations 1998, made under the Act, further detail the regulatory framework, including provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs serve as legislative instruments, mandated to ensure compliance with international standards and to address safety concerns as set out under Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is responsible for assessing foreign ADs and issuing corresponding Australian ADs to maintain the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Regulations 1998, particularly regulation 39.001, provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These directives apply to specific types of aircraft or aeronautical products and are made under section 98 of the Civil Aviation Act 1988 to ensure the safety of air navigation. The ADs are legislative instruments as defined under the Legislative Instruments Act 2003. They are essential for maintaining the continuing airworthiness of aircraft types, a responsibility that ultimately lies with the State of Design under Annex 8 to the Convention on International Civil Aviation. In Australia, CASA acts as the national airworthiness authority and must issue corresponding ADs when required by the State of Design, ensuring compliance with international standards. For example, CASA issued Australian AD/THIELERT/5 in response to AD D-2005-229 from Germany regarding Thielert TAE 125 Model TAE 125-101 engines. The issuance of these ADs does not require public consultation or a Regulatory Impact Statement, and they are made by authorised CASA officials in line with the Civil Aviation Act 1988.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1998 concerning airworthiness directives (ADs) are sections 98 and 39.001 respectively. Section 98 allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. Subregulation 39.001(5) clarifies that these directives are disallowable instruments under section 46A of the Acts Interpretation Act 1901, thus classifying them as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The Civil Aviation Act 1988 and the associated regulations impose several obligations and requirements on parties and entities involved in the issuance and enforcement of ADs. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure that aircraft remain airworthy. The State of Registry, which is the country that registers the individual aircraft, must adopt or develop requirements to ensure the continuing airworthiness of the aircraft registered within its jurisdiction. CASA, as Australia's national airworthiness authority, must assess ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to mandate the requirements of the foreign ADs for aircraft registered in Australia.
Failure to comply with ADs can result in various civil and criminal consequences. Under section 137 of the Civil Aviation Act 1988, any person who contravenes a regulation, including ADs, may be subject to penalties. Specifically, for each contravention of a regulation, a person can be fined up to $10,500 for individuals or $52,500 for corporations. Additionally, under section 144, CASA has the authority to issue infringement notices for minor regulatory breaches, which can incur fines up to $2,100 for individuals or $10,500 for corporations. The severity of the penalties underscores the importance of compliance with ADs to maintain the safety of air navigation.
The legislative framework also allows for potential criminal sanctions. Under section 147 of the Act, a person who wilfully contravenes a regulation, including ADs, may be liable to imprisonment for up to two years for individuals or five years for corporations, or both. This demonstrates the serious consequences of non-compliance, reinforcing the need for adherence to ADs to ensure the safety of aircraft and air navigation.