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 US FAA has issued AD 99-02-51 affecting Rolls Royce AE 3007 series engines. State is the State of Design for this types. CASA has assessed this AD and has issued Australian AD/AE 3007/4, which will become effective on 14 April 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, enacted by the Australian Parliament, was introduced to comprehensively regulate civil aviation and ensure the safety and efficiency of air navigation within Australia. The Act empowers the Governor-General to make regulations for the purposes of the Act, with a primary focus on safety, as seen in the issuance of airworthiness directives under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments that mandate specific requirements to maintain the airworthiness of aircraft, reflecting Australia's commitment to international standards set by the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA) plays a crucial role in assessing and issuing these directives, ensuring that the continuing airworthiness of aircraft aligns with both national and international obligations.
Scope and Application
The Civil Aviation Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products to ensure safety in air navigation. This regulatory authority applies to all aircraft registered in Australia and their operators, encompassing various industries within the aviation sector, including commercial airlines, private aircraft owners, and maintenance providers. The ADs are legislative instruments as per the Legislative Instruments Act 2003, and they extend to the entire Australian jurisdiction. These directives are typically issued in response to findings or recommendations from the aircraft's State of Design or other relevant international civil aviation authorities, such as the US Federal Aviation Administration. While the ADs are integral to ensuring continuing airworthiness and compliance with international standards under Annex 8 to the Convention on International Civil Aviation, they do not require public consultation or a Regulatory Impact Statement as determined by the Office of Regulatory Review. This legislative process is integral to fulfilling Australia's obligations under international aviation agreements and ensuring the safety and compliance of aircraft within the Australian airspace.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, as referenced in the explanatory statement, include section 98 which allows the Governor-General to make regulations in the interests of 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. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and consequently, it is a legislative instrument under section 6 of the Legislative Instruments Act 2003. This legal framework ensures that CASA, as the national airworthiness authority, can mandate necessary safety requirements through ADs in alignment with international standards.
The obligations imposed by the Act and the associated regulations require CASA to assess and potentially issue airworthiness directives in response to those issued by the State of Design. The State of Design, in this case, the US Federal Aviation Administration (FAA), issues ADs to ensure the continuing airworthiness of aircraft types. When such directives are relevant to aircraft on the Australian Register, CASA must evaluate the information provided and, if necessary, issue corresponding Australian ADs. This process ensures that all aircraft operating in Australia meet the required safety standards. Furthermore, under Annex 8 of the Convention on International Civil Aviation, the State of Design has the responsibility to provide necessary information to maintain the airworthiness of the aircraft type, while the State of Registry, in this case Australia, must adopt or develop requirements to ensure the continuing airworthiness of individual aircraft.
Failure to comply with airworthiness directives can lead to significant consequences. Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, non-compliance with an AD can result in both civil and criminal penalties. Civil penalties may include fines and other monetary penalties, whereas criminal penalties can include imprisonment, reflecting the serious nature of non-compliance with safety regulations. The exact penalties are not specified in the explanatory statement but typically depend on the severity and impact of the non-compliance. The legislative process for issuing these directives, as outlined, ensures that they are necessary and based on international standards, thereby reducing the risk of arbitrary enforcement actions against operators.