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. 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 German LBA issued AD D-2000-348R6, affecting Rolls Royce BR700-710 series engines. Germany is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/BR700/3 Amendment 1. The amended AD, AD/BR700/3 Amendment 1, will become effective on 9 June 2005. 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 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 establish a comprehensive framework for civil aviation in Australia, addressing various aspects of safety, regulation, and oversight within the industry. This Act, passed by the Commonwealth Parliament, aims to ensure the safety of air navigation and the continuing airworthiness of aircraft. In line with its objectives, the Act empowers the Governor-General to create regulations in the interests of air navigation safety, as seen in the Civil Aviation Regulations 1998. These regulations include the issuance of airworthiness directives, which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The Civil Aviation Act 1988 also aligns with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which places responsibility for the continuing airworthiness of aircraft types on the State of Design and mandates the sharing of necessary information with States of Registry. This ensures that Australian authorities, such as CASA, can effectively implement and enforce airworthiness directives in accordance with international obligations.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. Regulation 39.001 allows CASA to issue these directives for specific types of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. The application of these directives is primarily focused on the entities responsible for the design and registry of aircraft, with CASA mandated to assess and implement directives issued by the State of Design for aircraft registered in Australia. This legislation thus applies to aircraft manufacturers, aircraft registry authorities, and operators within Australia. The geographic reach of this regulation is national, as Australia adheres to international standards set by the Convention on International Civil Aviation, particularly Annex 8, which governs the continuing airworthiness of aircraft. Exclusions and exemptions are generally not specified in these particular regulations; however, the process for issuing ADs does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The authority to issue and amend such directives extends through subordinate instruments, ensuring that CASA can respond to international safety standards efficiently.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, particularly regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. Section 98 of the Act empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation, which CASA implements through ADs as stipulated in subregulation 39.001(5). These directives are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. The ADs are mandated by Australia's obligations under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type, and requires such states to provide necessary information to the States of Registry.
The obligations imposed by these regulations on the parties involved, primarily CASA and the State of Registry, include the responsibility to ensure the continuing airworthiness of aircraft registered in Australia. CASA must assess the ADs issued by the State of Design, such as Germany for the Rolls Royce BR700-710 series engines, and if deemed appropriate, issue corresponding Australian ADs. This ensures that the requirements of the State of Design are mandated in Australia. The State of Registry is tasked with developing or adopting requirements that ensure the ongoing airworthiness of aircraft within its jurisdiction, thereby maintaining safety standards in compliance with international conventions.
Failure to comply with ADs can result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can lead to enforcement actions, including fines and potential criminal charges for more serious breaches. The specific penalties for non-compliance can vary, but they are designed to ensure that all aircraft maintain the required airworthiness standards to protect public safety. The issuing of ADs by CASA is grounded in the necessity to uphold these safety standards, and non-compliance can result in severe penalties, reflecting the critical nature of airworthiness directives in aviation safety.
It is important to note that the process for issuing ADs, particularly those responding to international directives, does not typically involve public consultation. This is due to the urgency and specific nature of airworthiness information, which is often technical and requires immediate implementation. Additionally, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement, streamlining the process while maintaining focus on safety imperatives. The ADs are issued by authorised personnel within CASA, ensuring that they are appropriately vetted and compliant with legislative requirements.