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 FAA issued AD 2006-16-04 affecting Rolls Royce Allison 250 series engines. The United States is the State of Design for this engine series. CASA has amended the equivalent Australian AD to AD/AL 250/85 Amendment 1. The amended AD will become effective on 28 September 2006. 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 Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, with a strong emphasis on safety. It empowers the Governor-General to make regulations necessary for the safety of air navigation, such as those relating to the issuance of airworthiness directives. In accordance with section 98 of this Act, the Civil Aviation Safety Regulations 1998 were introduced, and under regulation 39.001, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives for specific types of aircraft or aeronautical products. The objective of these regulations is to ensure that all aircraft meet the required safety standards, aligning with Australia's obligations under international conventions, such as Annex 8 to the Convention on International Civil Aviation. These directives are considered legislative instruments under the Legislative Instruments Act 2003. The Act was passed by the Australian Parliament and aims to maintain and enhance the safety of civil aviation in Australia.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the framework for issuing airworthiness directives (ADs) to ensure the safety of air navigation. The Act applies to entities such as aircraft manufacturers, operators, and regulators, with a specific focus on ensuring the continuing airworthiness of aircraft within Australia. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue these directives for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and must be made in accordance with the Legislative Instruments Act 2003. The application of the ADs extends nationally, aligning with Australia’s obligations under the Convention on International Civil Aviation, where the State of Design has the responsibility for the continuing airworthiness of an aircraft type. CASA, as Australia's national airworthiness authority, must assess and, if necessary, issue corresponding Australian ADs to mandate the requirements set by the State of Design. This ensures that Australian-registered aircraft meet international safety standards. The issuance of ADs such as the one for Rolls Royce Allison 250 series engines, originally issued by the United States Federal Aviation Administration, does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The main provisions of the Civil Aviation Act 1988, particularly in conjunction with the Civil Aviation Safety Regulations 1998, allow the Governor-General to issue regulations for the safety of air navigation (section 98). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types 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, thereby classifying it as a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The obligations under this legislation mandate that the State of Design, which is the country responsible for designing the aircraft type, must ensure the continuing airworthiness of the aircraft type and provide necessary information to the States of Registry. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. In practice, this means that when a State of Design issues an AD, such as the United States issuing AD 2006-16-04 for Rolls Royce Allison 250 series engines, CASA must assess this information and, if appropriate, issue a corresponding Australian AD to enforce the requirements of the State of Design.
In the case of AD 2006-16-04, CASA amended the equivalent Australian AD to AD/AL 250/85 Amendment 1, which became effective on 28 September 2006. Given that this AD is issued in response to international obligations under the Convention on International Civil Aviation and due to the nature of ADs, no consultation of the Australian public was required. The Office of Regulatory Review has also determined that ADs do not require a Regulatory Impact Statement. The AD was issued by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Failure to comply with an airworthiness directive can result in serious consequences. The ADs are designed to ensure the safety of air navigation, and non-compliance can lead to significant risks to flight safety. Under the Civil Aviation Act 1988, penalties for non-compliance can include fines and imprisonment, with the exact penalties varying based on the severity of the breach and the specific provisions of the Act. The overarching aim of these provisions and penalties is to ensure that all aircraft operating in Australian airspace meet the highest safety standards.