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 USA FAA issued AD 86-08-04 R1 Amendment 39-5424, affecting Pratt & Whitney JT8D aircraft Engines, in 1986. USA is the State of Design for JT8D engines. As a result of a request from industry, CASA has amended the equivalent Australian AD to Amendment 1. The amended AD, AD/JT8D/21 Amendment 1, will become effective on 7 July 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 provide a comprehensive legislative framework governing civil aviation in Australia, addressing various aspects of air safety, air navigation, and other related matters. This Act was introduced to ensure that the operation of aircraft within Australian airspace adheres to stringent safety and regulatory standards. The Civil Aviation Act 1988 empowers the Governor-General to make regulations under section 98 for the purposes of the Act and in the interests of the safety of air navigation. The policy objective of this legislation is to maintain and enhance the safety and efficiency of civil aviation in Australia, in line with international standards set by the International Civil Aviation Organization (ICAO). The Act is administered by the Civil Aviation Safety Authority (CASA), which is responsible for the enforcement and regulation of civil aviation safety standards.
Scope and Application
The Civil Aviation Act 1988, alongside the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) under the authority of the Civil Aviation Safety Authority (CASA). This Act applies to all aircraft and aeronautical products operating within Australia, and its provisions are intended to ensure the safety of air navigation. The issuance of ADs under regulation 39.001 of the Civil Aviation Safety Regulations 1998 is authorised to mandate requirements for the continuing airworthiness of specific types of aircraft, and these ADs are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The State of Registry of an aircraft, which in Australia is represented by CASA, has the responsibility to ensure the continuing airworthiness of the aircraft and to issue ADs as necessary. In line with international obligations under the Convention on International Civil Aviation, when a State of Design issues an AD, CASA must review and, if appropriate, issue an equivalent Australian AD. For instance, in response to a U.S. Federal Aviation Administration AD for Pratt & Whitney JT8D aircraft engines, CASA issued an amended Australian AD, which took effect on 7 July 2005. This AD was made without public consultation, as it is a response to international obligations and does not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to make regulations that contribute to the safety of air navigation. This overarching provision allows for the creation of detailed safety standards and protocols that ensure the protection of the public and the integrity of the aviation system. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further delineates the authority of the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory framework is crucial in maintaining the high safety standards that are a cornerstone of the aviation industry.
Under section 39.001(5) of the Civil Aviation Safety Regulations 1998, an AD is classified as a disallowable instrument, as per section 46A of the Acts Interpretation Act 1901, and is thus considered a legislative instrument under section 6 of the Legislative Instruments Act 2003. This classification underscores the formal and legally binding nature of ADs, which are critical in the ongoing effort to ensure that aircraft remain airworthy throughout their operational lifespan. In alignment with Annex 8 to the Convention on International Civil Aviation, the State of Design, which is the country where the aircraft type is designed, holds the primary responsibility for the continuing airworthiness of an aircraft type. This responsibility includes providing necessary information to States of Registry to maintain airworthiness.
The State of Registry, which is the country where the aircraft is registered, 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 evaluate this information. If deemed necessary, CASA must then issue an Australian AD to enforce the State of Design’s requirements. This process ensures that Australian aircraft meet international safety standards and that the public is protected.
Failure to comply with an AD can result in serious consequences. Under the Civil Aviation Act 1988, there are specified offences and penalties for non-compliance with ADs. The severity of the penalties can vary, but they may include fines and imprisonment, depending on the nature and extent of the violation. For instance, section 32 of the Act stipulates that a person who contravenes an AD can be fined up to $126,000 for an individual offence and up to $630,000 for a corporate offence. These provisions highlight the importance of adhering to ADs and the legal ramifications of failing to do so.