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 2007-0116-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/BR700/9 which will become effective on 11 May 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 Commonwealth Parliament, was introduced to ensure the safety and regulation of civil aviation within Australia. This legislation provides the legal framework for the Civil Aviation Safety Authority (CASA) to implement safety regulations, including the issuance of airworthiness directives (ADs) as stipulated in the Civil Aviation Safety Regulations 1998. These directives serve as a crucial mechanism to maintain the continuing airworthiness of aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation. The objective of these regulations is to harmonise safety standards and practices with those of other ICAO Contracting States, ensuring the safety of air navigation and the protection of the public. The issuance of ADs by CASA, particularly in response to directives from the State of Design, underscores the importance of international cooperation in aviation safety.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under section 98 of the Act, the Governor-General has the authority to make regulations that serve the interests of air navigation safety. Regulation 39.001 specifically empowers CASA to issue ADs for certain types of aircraft or aeronautical products. These ADs, as stated in subregulation 39.001(5), are disallowable instruments and thus legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. This regulatory framework ensures that Australia adheres to its international obligations under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design overall responsibility for the continuing airworthiness of an aircraft type. Consequently, when the European Union Aviation Safety Agency (EASA) issues an AD affecting aircraft registered in Australia, CASA is required to assess and, if necessary, issue a corresponding Australian AD. This process ensures that the continuing airworthiness of aircraft registered in Australia is maintained in line with international standards. The AD issued by CASA, such as AD/BR700/9 in response to EASA’s AD 2007-0116-E for BMW Rolls Royce BR700 series engines, becomes effective as mandated by the regulations without the need for public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 lay out the framework for ensuring the safety of air navigation, with specific emphasis on the continuing airworthiness of aircraft. Under section 98 of the Act, the Governor-General has the authority to make regulations that support the Act's objectives, and regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. An AD, as defined in subregulation 39.001(5), is a disallowable instrument, making it a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations of the State of Design, which in this case is the European Aviation Safety Agency (EASA) for BMW Rolls Royce BR700 series engines, are to provide the necessary information to ensure the continuing airworthiness of the aircraft type. The State of Registry, in this instance CASA as Australia’s national airworthiness authority, must then assess the information provided by the State of Design and, if necessary, issue an Australian AD to ensure compliance with airworthiness requirements. This process is integral to maintaining safety standards in line with international obligations under Annex 8 to the Convention on International Civil Aviation.
The AD issued by CASA in response to EASA’s AD 2007-0116-E, resulting in Australian AD/BR700/9, will take effect from 11 May 2007. Given that this AD is a response to international obligations and the issuance of an AD by the relevant State of Design, there was no consultation with the Australian public, and a Regulatory Impact Statement was deemed unnecessary by the Office of Regulatory Review. The AD was made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, as per subsection 84A(2) of the Act.
In terms of compliance, entities governed by these provisions are required to adhere to the ADs issued by CASA, which mandate specific actions to maintain the airworthiness of aircraft. Failure to comply with these directives can lead to significant consequences, although the specific penalties are not detailed in the provided text. However, it is understood that non-compliance with ADs can result in severe civil or criminal penalties, including fines and potential imprisonment, depending on the severity of the breach and its impact on aviation safety.