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 EASA has issued AD 2007-0152-e affecting BMW Rolls Royce BR700 series engines. The EASA is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/BR700/10 which will become effective on 1 June 2007.
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 Parliament of Australia, addresses the regulation of civil aviation activities within Australia, focusing on safety and efficiency. This legislation provides the framework for the regulation of air navigation, aircraft, and aeronautical products, ensuring that these activities are conducted in a manner that maintains high safety standards. In the interest of maintaining air navigation safety, the Act allows the Governor-General to make regulations, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. ADs are legislative instruments that mandate specific requirements to ensure the continuing airworthiness of aircraft and aeronautical products. These directives are issued in response to international obligations and directives from the State of Design, such as the European Aviation Safety Agency (EASA), as seen in the case of the BMW Rolls Royce BR700 series engines, where CASA issued AD/BR700/10 following EASA’s AD 2007-0152-e.
Scope and Application
The Civil Aviation Act 1988 applies to any person or entity involved in civil aviation activities within Australia, including aircraft operators, pilots, maintenance personnel, and aviation service providers. Under this Act, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, mandating compliance with certain safety requirements to ensure the continuing airworthiness of aircraft registered in Australia. ADs are typically issued in response to safety concerns identified by the State of Design or other international regulatory bodies, and they must be assessed and potentially adopted by CASA as Australia's national airworthiness authority. Notably, these directives are not subject to public consultation or a Regulatory Impact Statement, as they arise from international obligations and are aimed at maintaining safety standards in accordance with the Convention on International Civil Aviation.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, as illustrated in the explanatory statement, detail the framework for the issuance of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations that pertain to the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Subregulation 39.001(5) clarifies that an AD is a disallowable instrument, which means it can be reviewed or disallowed by Parliament. Moreover, in accordance with the Legislative Instruments Act 2003, an AD is classified as a legislative instrument.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to act on ADs issued by the State of Design, which is the State responsible for the design of the aircraft or aeronautical product. Under Annex 8 to the Convention on International Civil Aviation, the State of Design has a primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure that aircraft remain airworthy. When such information is provided in the form of an AD, CASA must assess the information and, if necessary, issue an Australian AD to enforce the requirements specified by the State of Design. This ensures that the continuing airworthiness of aircraft on the Australian Register is maintained in line with international standards.
The regulatory framework also stipulates that the State of Registry—the State where the aircraft is registered—is responsible for the continuing airworthiness of individual aircraft. Under Annex 8, the State of Registry must establish or adopt requirements to ensure the ongoing airworthiness of aircraft within its jurisdiction. This means that CASA, as Australia’s national airworthiness authority, must ensure that any AD issued by a State of Design is appropriately implemented in Australia, thereby fulfilling Australia's obligations under the Convention on International Civil Aviation.
In terms of potential breaches and the associated consequences, the explanatory statement outlines that ADs are issued in response to safety concerns and international obligations, and thus do not require public consultation. The Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement, which is a document that assesses the potential economic, social, and environmental impacts of a proposed regulation. The statement also notes that the AD has been issued by the Manager, New Technologies and Systems, within CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. Failure to comply with an AD could result in civil or criminal penalties, although the specific penalties are not detailed in the explanatory statement. However, non-compliance with ADs is taken seriously and can lead to severe consequences, including the grounding of aircraft, fines, or even criminal charges in cases of gross negligence or willful disregard for safety regulations.