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 French DGAC issued AD F-2005-037 Turbomeca Turmo IV engines aircraft, in 2005. France is the State of Design for this engine. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/TURMO/5 Amendment 4. The amended AD, AD/TURMO/5 Amendment 4, will become effective on 12 May 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, was introduced to regulate civil aviation safety and efficiency within Australia. It empowers the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, to ensure air navigation safety. The Act enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments under the Acts Interpretation Act 1901. These directives ensure the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set by the Convention on International Civil Aviation. The ADs are typically issued in response to directives from the State of Design or other ICAO Contracting States, mandating compliance to maintain safety standards. For example, CASA issued AD/TURMO/5 Amendment 4 in response to a French AD for Turbomeca Turmo IV engines, reflecting Australia's commitment to international civil aviation obligations without requiring public consultation.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, with the Civil Aviation Safety Authority (CASA) being the national airworthiness authority responsible for ensuring the continuing airworthiness of aircraft registered in Australia. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific kinds of aircraft or aeronautical products, thereby implementing the statutory mandate to maintain the safety of air navigation. This authority is exercised under the broader framework of international obligations, particularly those set forth in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has overall responsibility for the continuing airworthiness of an aircraft type. When an AD is issued by a State of Design, such as the French DGAC issuing AD F-2005-037 for Turbomeca Turmo IV engines in 2005, CASA must review this information and, if necessary, issue a corresponding Australian AD. The AD process in Australia is designed to align with international standards and does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
Key Provisions
The Civil Aviation Act 1988 and its accompanying regulations allow for the issuance of airworthiness directives (ADs) to ensure the safety of aircraft in Australia. Section 98 of the Act empowers the Governor-General to make regulations for the Act's purposes, and Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue these ADs for specific kinds of aircraft or aeronautical products. It is important to note that these ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, as they are disallowable instruments as per section 46A of the Acts Interpretation Act 1901.
The obligations imposed by the Act and its regulations primarily revolve around ensuring the safety of air navigation and the continuing airworthiness of aircraft. The State of Design, in this case, France, has the responsibility to provide necessary information to ensure the airworthiness of the aircraft type. CASA, as the national airworthiness authority, must assess this information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. The State of Registry, which is responsible for the individual aircraft's continuing airworthiness, must develop or adopt requirements to ensure the airworthiness of aircraft.
Failure to comply with the ADs can lead to significant consequences. The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 outline various offences related to non-compliance with ADs. These offences can include both civil and criminal penalties. For instance, under section 95 of the Act, a person who contravenes a provision of the Act or the regulations can be liable for a civil penalty of up to $1,260,000 for a corporation and $252,000 for an individual. In more severe cases, particularly those involving reckless behaviour or gross negligence, the Act also provides for criminal penalties, which can include imprisonment for up to five years. It is essential for all parties involved to adhere to these directives to maintain the high safety standards required in the aviation industry.