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 has issued AD F-2005-060 affecting Turbomeca Turmo IV C Engines. France is the State of Design for Turbomeca Turmo Turboshaft Engines. CASA has assessed this AD and has issued Australian AD/TURMO/6, original issue, which will become effective on 7 July 2005.
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 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, ensuring safety, efficiency, and environmental protection. This Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. One of the significant instruments under this Act is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. The policy objective of these regulations is to mandate continuing airworthiness requirements for aircraft, ensuring that they meet safety standards. Airworthiness directives are legislative instruments that are issued in response to safety concerns identified by the State of Design or as a result of Australia's obligations under international conventions such as Annex 8 to the Convention on International Civil Aviation. The process involves CASA assessing the foreign ADs and, if necessary, issuing corresponding Australian ADs. The Civil Aviation Regulations 1998 provide the legal basis for these actions, ensuring that the continuing airworthiness of aircraft is maintained in accordance with international standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the framework for the issuance of airworthiness directives (ADs) in Australia, which are legislative instruments made by the Civil Aviation Safety Authority (CASA) under the authority of the Governor-General. The ADs are intended to ensure the safety of air navigation and pertain to specific kinds of aircraft or aeronautical products. These directives are typically issued in response to continuing airworthiness concerns identified by the State of Design, with CASA then assessing the necessity for an Australian AD to be issued in accordance with international obligations under the Convention on International Civil Aviation. This process means that ADs are not subject to public consultation or a Regulatory Impact Statement, as they are directly related to international safety standards and obligations. The ADs issued by CASA are binding and enforceable within Australia, affecting the continuing airworthiness of aircraft registered in the country.
Key Provisions
The Civil Aviation Act 1988, as amended by the Civil Aviation Regulations 1998, provides the legislative framework for the regulation of airworthiness directives (ADs) in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations for the safety of air navigation, and regulation 39.001 specifically empowers CASA to issue ADs for certain types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that ADs are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901 and governed by the Legislative Instruments Act 2003. This legislative process ensures that ADs are issued in compliance with both domestic and international standards.
The obligations imposed by the Act and the regulations on the parties involved primarily revolve around the safety and airworthiness of aircraft. CASA, as the national airworthiness authority, is mandated to assess information provided by the State of Design and, where necessary, issue Australian ADs to ensure compliance with international standards. The State of Design, in this case, France, holds the primary responsibility for the continuing airworthiness of the Turbomeca Turmo IV C Engines, and must issue ADs when necessary. The State of Registry, which in this context is Australia, must adopt the ADs issued by the State of Design and implement them as Australian ADs to maintain the airworthiness of aircraft registered in Australia.
The legislation also outlines the consequences of non-compliance with ADs. Failure to comply with an AD can result in severe penalties, both civil and criminal. Civil penalties may include fines, suspension, or revocation of aircraft certificates, while criminal penalties may include imprisonment, reflecting the seriousness of neglecting airworthiness standards. The exact penalties are determined by the severity of the breach and are subject to the provisions of the Civil Aviation Act 1988 and related regulations. The ADs themselves are issued under the authority granted by the Act and are intended to ensure that all parties adhere to stringent safety standards to protect public safety in aviation.