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 United States FAA issued AD 2002-12-09, affecting Honeywell TPE 331 series engines. The United States is the State of Design for this engine series. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/TPE 331/62 Amendment 1 which will become effective on 4 August 2005. This AD cancels and replaces the previous issue.
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 Parliament of Australia, is designed to ensure the safety of air navigation and addresses the need for regulations that protect the public and maintain the integrity of the aviation industry. The Act empowers the Governor-General to make regulations in the interest of air navigation safety, with a specific focus on maintaining the airworthiness of aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998, which were made under this Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to mandate safety requirements. These ADs are essential for ensuring the continuing airworthiness of aircraft, as stipulated by international conventions such as Annex 8 to the Convention on International Civil Aviation. The policy objective of this legislation is to align Australian aviation safety standards with international norms, thereby protecting public safety and maintaining Australia's compliance with international civil aviation obligations.
Scope and Application
The Civil Aviation Act 1988 and its accompanying regulations, particularly the Civil Aviation Safety Regulations 1998, establish the framework for ensuring the safety of air navigation in Australia. Under this Act, the Governor-General has the authority to make regulations that align with the Act's objectives, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The ADs serve as a mechanism for maintaining the continuing airworthiness of aircraft, a responsibility that ultimately lies with the State of Registry, which, in Australia's case, is CASA. These directives are often issued in response to requirements set forth by the State of Design, ensuring that Australian aviation standards remain consistent with international obligations under the Convention on International Civil Aviation. Exemptions and exclusions from these directives are determined on a case-by-case basis, but generally, no public consultation is required as these measures are in response to international standards and obligations.
Key Provisions
The Civil Aviation Act 1988, as amended by the Civil Aviation Regulations 1998, provides the framework for issuing airworthiness directives (ADs). Under section 98 of the Act, the Governor-General has the power to make regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. It is important to note that these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations under this legislation fall primarily on CASA, as Australia's national airworthiness authority, and on the States of Design and Registry. The State of Design, in this case, the United States, has the responsibility under Annex 8 to the Convention on International Civil Aviation to ensure the continuing airworthiness of aircraft types and to provide necessary information to appropriate States of Registry. In this instance, the United States issued AD 2002-12-09, which CASA has amended to AD/TPE 331/62 Amendment 1. The State of Registry, here being Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its territory. CASA, therefore, must assess the information provided by the State of Design and, if necessary, issue a corresponding Australian AD to enforce the design state's requirements.
Failure to comply with the requirements set out in ADs may lead to serious consequences. While the Civil Aviation Act 1988 does not explicitly detail offences or penalties for non-compliance with ADs, non-compliance can result in severe civil or criminal penalties under other sections of the Act. For example, under section 33, any person who contravenes a provision of the Act, or any regulation or direction made under the Act, may be liable to a penalty. The maximum penalty for an individual is generally set at 50 penalty units, which equates to AUD 5,500 as of 2023, while for a body corporate, the penalty can be significantly higher, up to 500 penalty units or AUD 55,000. Additionally, non-compliance with ADs can lead to the grounding of aircraft, which can have severe operational and financial repercussions for airlines and other operators.