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 has issued AD 2005-20-11 affecting Rolls-Royce Corporation Model 28 Series turboshaft engines. The United States is the State of Design for this engine series. CASA has assessed this AD and has issued Australian AD/AL250/88, which will become effective on 22 December 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 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, enacted by the Australian Parliament, aims to regulate civil aviation within Australia, ensuring safety and efficiency in air navigation. The Act provides the legislative framework for the Civil Aviation Safety Regulations 1998, which include provisions for the issuance of airworthiness directives (ADs). Section 98 of the Act empowers the Governor-General to make regulations for the purposes of the Act, particularly in the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products, making these directives legislative instruments under the Acts Interpretation Act 1901. The policy objective of this legislation is to mandate compliance with international safety standards as set by the Convention on International Civil Aviation and to ensure the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 provides the legislative framework for civil aviation in Australia, with the Act authorising the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These ADs are legislative instruments under the Legislative Instruments Act 2003. The ADs are primarily issued in response to international obligations under the Convention on International Civil Aviation, with the State of Design responsible for the continuing airworthiness of an aircraft type, while the State of Registry, in Australia’s case CASA, is responsible for the airworthiness of individual aircraft. This legislative framework ensures that Australia complies with international standards and facilitates the issuance of ADs in response to international safety concerns, without necessitating public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to make regulations for the safety of air navigation, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, as specified in subregulation 39.001(5), are legislative instruments that are subject to disallowance under section 46A of the Acts Interpretation Act 1901. The State of Design, as outlined in Annex 8 of the Convention on International Civil Aviation, holds the responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry to ensure the aircraft's continued safety. When such information is provided, the State of Registry, in this case, CASA, must assess it and issue corresponding ADs to maintain airworthiness.
Under the Civil Aviation Safety Regulations 1998, CASA is tasked with ensuring the continuing airworthiness of aircraft registered in Australia. This involves assessing ADs issued by the State of Design and, if necessary, issuing Australian ADs to enforce the requirements of the foreign ADs. For example, the United States, as the State of Design for the Rolls-Royce Corporation Model 28 Series turboshaft engines, issued AD 2005-20-11. CASA assessed this directive and issued Australian AD/AL250/88, effective from 22 December 2005. This process ensures that Australian aircraft meet international safety standards.
The obligations placed on CASA and other entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include the assessment and implementation of ADs from the State of Design. CASA must ensure that all necessary steps are taken to inform the relevant stakeholders of the ADs and enforce compliance. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft, which involves a robust framework for monitoring and enforcing compliance with ADs.
Breaches of the Civil Aviation Safety Regulations 1998, including failure to comply with ADs, may lead to significant civil and criminal consequences. Under the Civil Aviation Act 1988, penalties for non-compliance with ADs can be severe, including substantial fines and imprisonment. The exact penalties are detailed in the regulations and can vary based on the severity of the breach and the impact on air safety. CASA enforces these regulations rigorously to ensure that all parties maintain the highest standards of airworthiness.