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 97-19-12 Amendment 39-10133, affecting Pratt & Whitney JT8D aircraft Engines, in 1997. 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/34 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 legal framework for the regulation of civil aviation in Australia, addressing various aspects of aviation safety, efficiency, and national security. One of its key objectives is to ensure the safety of air navigation, which is further elaborated upon in the Civil Aviation Safety Regulations 1998. Under this legislative framework, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) to mandate safety standards and ensure the continuing airworthiness of aircraft registered in Australia. This mechanism is integral to meeting Australia's obligations under the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of aircraft types. Consequently, CASA must assess and, if necessary, implement Australian ADs based on directives issued by the relevant State of Design, such as the United States in the case of Pratt & Whitney JT8D aircraft engines. The process for issuing these directives is governed by specific regulatory provisions and does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Scope and Application
The Civil Aviation Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products to ensure safety in air navigation, as authorised by section 98 of the Civil Aviation Act 1988. This regulatory framework applies to all aircraft registered in Australia, and mandates that CASA must assess and, if necessary, issue corresponding Australian ADs when a State of Design issues an AD. ADs serve as the primary means of communicating continuing airworthiness information and are issued by most International Civil Aviation Organization (ICAO) Contracting States. The ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The application of these regulations is in line with Australia’s obligations under the Convention on International Civil Aviation, particularly Annex 8, which delineates the responsibilities of the State of Design and the State of Registry regarding aircraft airworthiness. No public consultation is required for these directives as they are a direct response to international standards and obligations, and they do not necessitate a Regulatory Impact Statement as determined by the Office of Regulatory Review.
Key Provisions
The main provisions of the Civil Aviation Act 1988, as amended by the Civil Aviation Regulations 1998, allow for the creation and issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Act enables the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 specifically grants CASA the authority to issue ADs for certain types of aircraft or aeronautical products (sections 98 and 39.001). The ADs are considered legislative instruments under the Legislative Instruments Act 2003, and they serve as a crucial mechanism for ensuring the continuing airworthiness of aircraft (section 6 of the Legislative Instruments Act 2003). According to Annex 8 of the Convention on International Civil Aviation, the State of Design is responsible for the ongoing airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of individual aircraft (Annex 8).
These regulations impose obligations on CASA to assess and, if necessary, issue Australian ADs in response to ADs issued by the State of Design. CASA must ensure that the ADs issued comply with Australia’s obligations under the Convention on International Civil Aviation. The State of Design must provide information necessary for the continuing airworthiness of aircraft, and CASA must use this information to issue appropriate ADs. Furthermore, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft, and these requirements must be aligned with the ADs issued by CASA.
Breaching the requirements set out in an AD can result in serious consequences. Under the Civil Aviation Act 1988, failure to comply with an AD can be considered an offence. The specific penalties for breaching an AD are not detailed in the text, but generally, violations of civil aviation regulations can lead to significant civil and criminal penalties. Civil penalties may include fines, while criminal penalties can include imprisonment, reflecting the serious nature of ensuring airworthiness in the aviation industry.