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. An AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901.
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 has issued AD 2004-24-04 affecting Rolls Royce Corporation 250-C30R/3, 250-C30R/3M, 250-C47B and 250-C47M engines. CASA has assessed this AD and as a result has cancelled Australian AD/AL 250/82 and issued superseding AD/AL 250/84. The cancellation will become effective on 25 January 2005.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. 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 for the regulation of civil aviation in Australia, ensuring the safety of air navigation and the continuing airworthiness of aircraft. This Act was introduced to address the need for a comprehensive legal framework that aligns with international standards and practices in civil aviation. The Civil Aviation Regulations 1998, which were made under section 98 of the Act, include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs serve as a crucial means of maintaining the safety and airworthiness of aircraft in accordance with international obligations under the Convention on International Civil Aviation. The policy objective of the Act is to ensure that civil aviation in Australia adheres to the highest safety standards, both domestically and internationally. The enactment of the Civil Aviation Act 1988 and subsequent regulations was undertaken by the Australian Parliament to provide a robust regulatory framework that meets these objectives.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Regulations 1998, governs the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. This Act applies to the Civil Aviation Safety Authority (CASA), which is tasked with issuing ADs for specified types of aircraft or aeronautical products under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The ADs are issued in accordance with section 98 of the Act and are instrumental in maintaining the continuing airworthiness of aircraft as mandated by international standards under Annex 8 to the Convention on International Civil Aviation. The geographic scope of the Act is national, affecting all aircraft registered in Australia. The State of Design, typically the manufacturer of the aircraft, is responsible for issuing ADs, while the State of Registry, which is Australia in this context, must ensure that these directives are implemented. The Act does not specify exclusions or exemptions, but it does allow for the cancellation of existing ADs in response to new international directives, as demonstrated in the example of the cancellation of AD/AL 250/82 and the issuance of AD/AL 250/84 in response to a United States Federal Aviation Administration directive.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) as outlined in section 98 of the Act and regulation 39.001 of the Regulations. Under this authority, the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products to ensure the continuing safety of air navigation. These ADs are a key tool in maintaining the airworthiness of aircraft, particularly those registered in Australia. Section 46A of the Acts Interpretation Act 1901 specifies that ADs are disallowable instruments, meaning they can be reviewed and potentially disallowed by the Governor-General if found to be inconsistent with the Act.
The obligations imposed by the Act and Regulations on CASA and other parties are substantial. CASA, as Australia's national airworthiness authority, has the responsibility to assess any ADs issued by the State of Design of an aircraft type and determine if an Australian AD is necessary. The State of Design, typically the country where the aircraft was designed, must provide necessary information to ensure the continuing airworthiness of the aircraft type. Meanwhile, the State of Registry, which is the country where the aircraft is registered, must adopt or develop requirements to ensure the continuing airworthiness of aircraft on its registry. These obligations ensure that all relevant parties work together to maintain the safety and airworthiness of aircraft operating within Australia.
Failure to comply with the ADs can lead to serious consequences. Under the Civil Aviation Act 1988, breaches of ADs may result in civil penalties. For example, the Act provides for penalties such as fines up to a certain amount for non-compliance with ADs. In more severe cases, criminal penalties may also apply. These include fines and imprisonment for individuals who wilfully breach the ADs. The specific penalties depend on the nature and severity of the breach, and the court may consider various factors when determining the appropriate penalty. The overarching aim is to enforce compliance and ensure the highest standards of safety in air navigation.