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 US FAA has issued AD 2005-04-10 affecting General Electric CT58 Series Turboshaft Engines. The US is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/CT58/19, which will become effective on 9 June 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 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 provide for the regulation of civil aviation in Australia, with a primary focus on safety and efficiency. This Act authorises the Governor-General to make regulations necessary for the safety of air navigation, delegating authority to the Civil Aviation Safety Authority (CASA). Under the Civil Aviation Safety Regulations 1998, CASA is empowered to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. The ADs are designed to ensure the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. These directives are essential as they mandate specific requirements to maintain safety standards, particularly in response to directives issued by the State of Design, which in this case is the United States for the General Electric CT58 Series Turboshaft Engines. The ADs do not require public consultation or a Regulatory Impact Statement, as they are issued in accordance with Australia's international obligations and CASA’s regulatory authority.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Regulations 1998, pertains to the issuance of airworthiness directives (ADs) that are critical for ensuring the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. An AD is considered a legislative instrument under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, thereby holding legal authority. These directives are instrumental in maintaining the continuing airworthiness of aircraft, a responsibility that falls under the State of Registry as per Annex 8 of the Convention on International Civil Aviation. CASA, acting as Australia’s national airworthiness authority, must issue an Australian AD when the State of Design issues an AD for aircraft on the Australian Register. In this instance, CASA has assessed and issued Australian AD/CT58/19 in response to the US Federal Aviation Administration’s AD 2005-04-10, which affects General Electric CT58 Series Turboshaft Engines. This process is mandated by international obligations and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations in the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs serve as legislative instruments and are disallowable under section 46A of the Acts Interpretation Act 1901. This regulatory mechanism ensures that airworthiness standards are effectively communicated and enforced.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on parties and entities are significant. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, including providing necessary information to States of Registry as stipulated in Annex 8 of the Convention on International Civil Aviation. For Australia, CASA, as the national airworthiness authority, must assess the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the requirements. This ensures that Australian-registered aircraft meet international safety standards.
The legislation outlines the consequences of non-compliance with ADs. While the text does not detail specific civil or criminal penalties for breaches, it is understood that failure to comply with an AD could result in severe consequences, including potential grounding of the aircraft, fines, and other legal ramifications. The seriousness of airworthiness requirements underscores the importance of adhering to ADs to maintain the safety and integrity of air navigation.
In the case of the US Federal Aviation Administration (FAA) issuing AD 2005-04-10 concerning General Electric CT58 Series Turboshaft Engines, CASA has assessed and issued Australian AD/CT58/19. This directive will become effective on 9 June 2005. Given that this AD is issued under Australia’s international obligations and in response to an AD from the relevant State of Design, no public consultation was required. Furthermore, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The AD was made by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act.