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 has issued Emergency AD 2008‑0100-E affecting Thielert Aircraft Engines GmbH TAE 125-02-99 engines. EASA acts on behalf of Germany, the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/THIELERT/9 which will become effective on 30 May 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 Manager, Airframes 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 ensure the safety and efficiency of civil aviation within Australia, as well as to facilitate the international interoperability of Australian aviation standards. This Act provides the legislative framework under which the Civil Aviation Safety Regulations 1998 were made, including the issuance of airworthiness directives (ADs) to ensure the safety of aircraft. The issuing of ADs is a critical mechanism for maintaining the continuing airworthiness of aircraft and aeronautical products, aligning with international standards and obligations under the Convention on International Civil Aviation. The Civil Aviation (Administrative) Regulations 1991 further specify the procedures and processes for the administration of airworthiness directives by the Civil Aviation Safety Authority (CASA). The policy objective of this legislation is to ensure that Australian civil aviation maintains the highest safety standards, in line with international obligations and practices.
The enactment of this legislation by the Australian Parliament was intended to address gaps in the regulation and oversight of civil aviation safety, ensuring that aircraft and aeronautical products are maintained in a safe condition for operation. The Civil Aviation Safety Regulations 1998 empower CASA to issue ADs, which are legislative instruments that must comply with the Legislative Instruments Act 2003. These ADs are often issued in response to directives from the State of Design, reflecting Australia’s commitments under international conventions and agreements. The process of issuing ADs is designed to be efficient and responsive, recognising the global nature of aviation and the need for coordinated safety measures.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 for types of aircraft or aeronautical products. These ADs, which are legislative instruments under the Legislative Instruments Act 2003, serve to ensure the continuing airworthiness of aircraft as per the requirements of Annex 8 to the Convention on International Civil Aviation. This convention places the responsibility of continuing airworthiness on the State of Design, while the State of Registry must adopt requirements to ensure the continuing airworthiness of individual aircraft. In Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and issue corresponding Australian ADs when necessary. For instance, CASA issued Australian AD/THIELERT/9 in response to Emergency AD 2008-0100-E from the European Aviation Safety Authority concerning Thielert Aircraft Engines GmbH TAE 125-02-99 engines. This AD, effective from 30 May 2008, is a direct result of Australia's obligations under the Convention on International Civil Aviation and has been issued without public consultation as mandated by the convention and the determination of the Office of Best Practice Regulation, which found that ADs do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. An AD, as defined in subregulation 39.001(5), is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is categorised as a legislative instrument according to section 6 of the Legislative Instruments Act 2003. This means that while ADs carry the force of law, they can be disallowed by Parliament. The AD process is grounded in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design is primarily responsible for the ongoing airworthiness of an aircraft type, and must provide necessary information to the States of Registry to ensure this airworthiness. The State of Registry, in turn, must establish or adopt its own requirements to maintain the airworthiness of aircraft registered within its jurisdiction.
Entities governed by these regulations, particularly CASA as the national airworthiness authority, are required to evaluate any airworthiness directives issued by the State of Design and, if necessary, issue corresponding ADs for aircraft registered in Australia. This ensures that Australian aircraft meet the same safety standards as those set by the State of Design. For example, in the case of the Thielert Aircraft Engines GmbH TAE 125-02-99 engines, the European Aviation Safety Authority issued an emergency AD on behalf of Germany, the State of Design. CASA has subsequently assessed and issued Australian AD/THIELERT/9, which will take effect on 30 May 2008. Given the international obligations and the nature of these directives, no public consultation was conducted, and the Office of Best Practice Regulation has determined that such ADs do not require a Regulatory Impact Statement.
In terms of enforcement and compliance, any breach of the requirements stipulated in an airworthiness directive can lead to severe consequences. Although the specific penalties for non-compliance are not detailed in the given text, it is reasonable to infer that failing to adhere to ADs could result in significant legal ramifications, including potential criminal charges or civil penalties. These consequences are designed to ensure that all parties comply with the stringent safety standards mandated by both national and international aviation authorities.