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 European Aviation Safety Authority (EASA) has issued AD 2008-0004 affecting Rolls Royce Deutschland Dart Engines. EASA acts on behalf of Germany, the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/DART/32, which will become effective on 10 April 2008.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations that safeguard the interests of air navigation, and under this authority, the Civil Aviation Safety Regulations 1998 were established. Regulation 39.001 of these regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby ensuring the continuing airworthiness of aircraft registered in Australia. The issuing of these directives is mandated by international obligations under the Convention on International Civil Aviation and is a response to directives issued by the State of Design, in this case, the European Aviation Safety Authority (EASA) for the Rolls Royce Deutschland Dart Engines. The ADs are legislative instruments under the Legislative Instruments Act 2003, and CASA, acting as Australia's national airworthiness authority, has the responsibility to assess and, if necessary, issue corresponding Australian ADs to ensure compliance with international standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Governor-General to issue regulations concerning the safety of air navigation, which includes the issuance of airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The ADs are integral to ensuring the continuing airworthiness of aircraft and are mandated by Annex 8 to the Convention on International Civil Aviation, where the State of Design has the primary responsibility for providing necessary information. In Australia, the Civil Aviation Safety Authority (CASA) acts as the national airworthiness authority and is responsible for issuing Australian ADs in response to ADs issued by the State of Design, ensuring compliance with international obligations. The issuance of ADs, such as the one concerning Rolls Royce Deutschland Dart Engines, is a direct consequence of Australia's adherence to international conventions and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, through section 98, authorises the Governor-General to make regulations in the interest of air navigation safety, which includes the ability to issue airworthiness directives (ADs). According to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue these directives for specific types of aircraft or aeronautical products. An AD is a legislative instrument under section 6 of the Legislative Instruments Act 2003, and it is considered a disallowable instrument pursuant to section 46A of the Acts Interpretation Act 1901.
The obligations placed upon parties and entities by this legislation are substantial. The State of Design, which is the country where the aircraft or aeronautical product is designed, has the overarching responsibility for the continuing airworthiness of that aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This includes providing all necessary information to the States of Registry to ensure the aircraft's continuing airworthiness. The State of Registry, in turn, is tasked with developing or adopting requirements to maintain the airworthiness of aircraft registered within its jurisdiction. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and, if deemed appropriate, issue an Australian AD to enforce these requirements. This is evident in the case of AD 2008-0004, issued by the European Aviation Safety Authority (EASA) concerning Rolls Royce Deutschland Dart Engines, where CASA has issued Australian AD/DART/32 to align with the international AD.
Failure to comply with the provisions of these airworthiness directives can result in significant legal consequences. While the specific offences and penalties are not detailed in the provided text, it is clear that non-compliance with ADs could result in legal action under the Civil Aviation Act 1988 or other relevant legislation. Typically, such breaches could lead to penalties, including fines or other sanctions, and in severe cases, might also result in criminal charges. The exact penalties would depend on the specific nature of the breach and the provisions of the relevant legislation at the time.