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 2008-0027-E affecting Thielert TAE 125-02-99 engines. EASA acts on behalf of Germany, the State of Design for this engine series. CASA has assessed this AD and has issued Australian AD/THIELERT/7, which will become effective on 3 March 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting Manager, Systems and New Technologies 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 Commonwealth Parliament, establishes the legislative framework for ensuring the safety and efficiency of civil aviation in Australia. It empowers the Governor-General to make regulations necessary for the safety of air navigation, which in turn allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives. These directives serve as a critical mechanism for maintaining the continuing airworthiness of aircraft in accordance with international standards, particularly under Annex 8 to the Convention on International Civil Aviation. The issuance of these directives is often in response to actions taken by the State of Design of the aircraft or aeronautical products, thereby fulfilling Australia's obligations under international conventions. As such, the policy objective is to ensure that Australian civil aviation aligns with international safety standards and practices. The Civil Aviation Safety Regulations 1998 further define the process and authority for issuing these directives, which are considered legislative instruments under the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) within Australia, aiming to ensure the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. These directives, which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, are essential for maintaining the continuing airworthiness of aircraft as per Annex 8 to the Convention on International Civil Aviation. The State of Design has the primary responsibility for ensuring an aircraft type's airworthiness, while the State of Registry must enforce these standards. In the case of the Thielert TAE 125-02-99 engines, the European Aviation Safety Authority (EASA), acting on behalf of Germany as the State of Design, issued AD 2008-0027-E, which CASA assessed and subsequently issued as Australian AD/THIELERT/7. This AD, effective from 3 March 2008, is a direct response to international obligations and does not require public consultation or a Regulatory Impact Statement. The AD was made by the Acting Manager, Systems and New Technologies, in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with the Act's provisions.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, authorises the Governor-General to make regulations for the purposes of the Act, focusing on the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are intended to ensure that aircraft maintain their airworthiness over time. According to subregulation 39.001(5), an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations placed on parties under this Act require that the State of Design, which is the country where the aircraft is designed, bear the primary responsibility for ensuring the continuing airworthiness of an aircraft type. This includes providing any necessary information to the State of Registry, which is the country where the aircraft is registered, to ensure that the aircraft remains airworthy. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures. This ensures that the safety standards and compliance requirements set by the State of Design are properly implemented in Australia.
Failure to comply with the provisions of an AD can lead to severe consequences. Under the Civil Aviation Act 1988, any person who contravenes an AD commits an offence. The Act outlines potential penalties, which can include fines and imprisonment. The specific penalties are detailed in the various sections of the Act, with maximum penalties varying depending on the nature and severity of the breach. Additionally, non-compliance can result in the grounding of aircraft, which can have significant operational and financial implications for airlines and other operators. The Act thus imposes strict obligations on aircraft owners, operators, and maintenance personnel to adhere to ADs to ensure the safety of air navigation.