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 European Aviation Safety Authority (EASA) has issued AD 2007-0232 affecting Thielert Aircraft Engines TAE125-01 engines. EASA acts on behalf of Germany, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/THIELERT/6 which will become effective on 25 October 2007.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, 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, enacted by the Australian Parliament, was established to ensure the safety and efficiency of civil aviation within Australia. One of its key provisions allows the Governor-General to make regulations that serve the interests of air navigation safety. Complementing this act are the Civil Aviation Safety Regulations 1998, which empower 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 and are made in line with international standards set by the Convention on International Civil Aviation. In the case of ADs issued by other countries, such as the European Aviation Safety Authority's AD 2007-0232 concerning Thielert Aircraft Engines, CASA evaluates the information and issues corresponding Australian ADs to comply with international obligations and ensure continuing airworthiness of aircraft registered in Australia. Given the international nature and specific technical requirements of ADs, they do not require public consultation or a Regulatory Impact Statement. Instead, they are issued by CASA under the authority granted by the Civil Aviation Act.
Scope and Application
The Civil Aviation Act 1988 applies to all aviation activities within Australia, establishing the framework for ensuring the safety and efficiency of civil aviation. Under this Act, the Civil Aviation Safety Regulations 1998 provide the means for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure compliance with safety standards. These directives are legislative instruments and are issued in accordance with international conventions, particularly Annex 8 to the Convention on International Civil Aviation, which stipulates the responsibilities of the State of Design and the State of Registry for the continuing airworthiness of aircraft. CASA, as Australia's national airworthiness authority, assesses information from the State of Design and issues Australian ADs as necessary. The issuance of ADs such as the one affecting Thielert Aircraft Engines TAE125-01 engines is governed by Australia's international obligations and does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, as applied through regulation 39.001 of the Civil Aviation Safety Regulations 1998, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These directives are issued to ensure the continuing airworthiness of aircraft types and aeronautical products, and they are based on the requirements laid out in Annex 8 to the Convention on International Civil Aviation. The ADs serve as a mechanism for states to ensure that the aircraft remain airworthy as per the design and registry requirements.
Under these regulations, CASA is mandated to assess information provided by the State of Design—the state responsible for the design of the aircraft—and to issue corresponding ADs for aircraft types registered in Australia. This process is vital for maintaining safety standards in accordance with international conventions. CASA, as Australia's national airworthiness authority, must ensure that all aircraft registered in Australia meet the necessary safety and airworthiness requirements, which are often dictated by the State of Design.
Entities governed by these provisions, particularly CASA, have several obligations. CASA must evaluate the ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs. This ensures that the aircraft registered in Australia comply with the same safety standards as those set by the State of Design. Additionally, the State of Registry, which is responsible for the individual aircraft's continuing airworthiness, must develop or adopt requirements to ensure that the aircraft remain airworthy. This includes implementing the ADs issued by CASA.
Any failure to comply with the ADs can result in serious consequences. Violations of ADs can lead to both civil and criminal penalties. Civil penalties may include fines, and in severe cases, criminal penalties may apply. The exact penalties are not specified in the provided text, but they can be severe enough to deter non-compliance. Non-compliance with ADs can also result in grounding of the aircraft, which has significant operational and financial implications for operators.