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 United States has issued Emergency AD 2008-19-51 affecting Rolls Royce Corporation AE 3007A series turbofan engines. The United States is the State of Design for this engine series. CASA has assessed this AD and has issued Australian AD/AE 3007/6 which will become effective on 12 September 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, 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 legal framework for the regulation of civil aviation in Australia, addressing the need for a unified and robust system to ensure the safety, efficiency, and orderly development of civil aviation. The Act empowers the Governor-General to make regulations that are crucial for maintaining the safety of air navigation, with a particular focus on airworthiness directives. These directives, which are legislative instruments under the Legislative Instruments Act 2003, serve as a critical mechanism for ensuring that aircraft and aeronautical products meet the necessary safety standards. The Civil Aviation Safety Regulations 1998 further elaborate on the process for issuing these directives, which are aligned with international standards set by the International Civil Aviation Organization (ICAO). The policy objective of these regulations is to uphold the highest standards of safety in civil aviation, both domestically and in accordance with international obligations.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products under regulation 39.001. The ADs are considered legislative instruments as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901. The ADs are issued in accordance with the Convention on International Civil Aviation, particularly Annex 8, which places the responsibility for continuing airworthiness of an aircraft type with the State of Design, while the State of Registry is tasked with ensuring the continuing airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, is obligated to issue Australian ADs when required by the State of Design, following a rigorous assessment process. For instance, in response to the United States' Emergency AD 2008-19-51 concerning Rolls Royce Corporation AE 3007A series turbofan engines, CASA issued Australian AD/AE 3007/6. This process does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The ADs are issued under the authority of the Act and are signed by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA.
Key Provisions
The Civil Aviation Act 1988, under section 98, allows the Governor-General to create regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The obligations under the Civil Aviation Act and the associated regulations are primarily centred around ensuring the continuing airworthiness of aircraft. The State of Design, such as the United States in the case of the Rolls Royce Corporation AE 3007A series turbofan engines, holds the primary responsibility for the airworthiness of an aircraft type and must provide necessary information to the States of Registry. The State of Registry, which in this context is Australia, must then develop or adopt requirements to maintain the airworthiness of the aircraft. CASA, as Australia’s national airworthiness authority, is tasked with assessing any ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs to enforce the requirements.
In cases such as the Emergency AD 2008-19-51 issued by the United States, CASA evaluates the AD and, if deemed appropriate, issues an Australian AD, such as AD/AE 3007/6, which is set to take effect on 12 September 2008. Because such ADs are issued in response to international obligations and directives from the State of Design, they do not require public consultation. Furthermore, the Office of Regulatory Review has concluded that these ADs do not necessitate a Regulatory Impact Statement. This process is overseen by the Manager, Systems and New Technologies, within the Airworthiness Engineering Group at CASA, in accordance with subsection 84A(2) of the Act.
Breaching the requirements set forth in an AD can lead to significant consequences. Failure to comply with an AD may result in civil penalties, including fines and potential legal action. Additionally, there could be severe operational repercussions, such as grounding of the affected aircraft until the required modifications or inspections are completed. The exact penalties and consequences are not specified in the provided text, but they are typically outlined in the ADs themselves or in related legislative instruments.