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 UK CAA has mandated Rolls Royce service bulletin RB.211-78-9365 affecting RB211 type engines. The UK is the State of Design for this type. CASA has assessed this AD and as a result has cancelled Australian AD/RB 211/14 Amendment 1. The cancellation will become effective on 14 April 2005. No replacement AD is required, as the original unsafe condition has been corrected by fully incorporating the modification on all engines of this type.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. 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, enacted by the Commonwealth Parliament, was introduced to ensure the safety and regulation of civil aviation within Australia, aligning with international standards. The Act empowers the Governor-General to make regulations under section 98, which facilitates the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments and serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft types registered in Australia. This legislative framework aligns with Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design, in this case the UK for the RB211 type engines, provides necessary information to ensure airworthiness. CASA, as Australia's national airworthiness authority, assesses such information and issues corresponding directives to enforce safety standards and rectify unsafe conditions.
Scope and Application
The Civil Aviation Regulations 1998, made under the Civil Aviation Act 1988, govern the issuance of airworthiness directives (ADs) which are legislative instruments that mandate the continuing airworthiness of aircraft and aeronautical products. These directives apply to the aviation industry, including aircraft operators, manufacturers, and maintenance service providers, ensuring that they adhere to the safety standards set forth by the Civil Aviation Safety Authority (CASA). The ADs are primarily concerned with the geographic jurisdiction of Australia, although they are aligned with international standards set by the International Civil Aviation Organization (ICAO) to ensure uniformity and safety across borders. Notably, the application of ADs is mandated by the State of Design for a particular aircraft type, with CASA as Australia's national airworthiness authority required to assess and, if necessary, issue corresponding ADs. In specific instances, such as the cancellation of Australian AD/RB 211/14 Amendment 1 due to an AD issued by the UK Civil Aviation Authority, no public consultation is required as the directive aligns with international obligations. The ADs are subject to the disallowance provisions of the Acts Interpretation Act 1901 and do not require a Regulatory Impact Statement. This legislative framework underscores the importance of international cooperation and adherence to global standards in maintaining aviation safety.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, as amended by the Civil Aviation Regulations 1998, permit the Governor-General to establish regulations under section 98, aimed at ensuring the safety of air navigation. Regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, thereby categorising them as legislative instruments as per section 6 of the Legislative Instruments Act 2003.
Under these regulations, the State of Design—the country responsible for designing a particular aircraft type—bears the responsibility for ensuring the continuing airworthiness of that type. This entails providing all necessary information to States of Registry to maintain the aircraft's airworthiness. The State of Registry, on the other hand, must implement or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. CASA, as Australia's national airworthiness authority, must evaluate ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the State of Design's requirements.
In this context, CASA has cancelled Australian AD/RB 211/14 Amendment 1 following the UK Civil Aviation Authority's (CAA) issuance of an AD for Rolls Royce RB211 type engines. The UK is the State of Design for these engines. The cancellation of the Australian AD becomes effective on 14 April 2005, and no replacement AD is needed as the original unsafe condition has been rectified through full incorporation of the modification on all affected engines. Given that this cancellation is in response to an AD issued by the relevant State of Design, and it aligns with Australia's obligations under the Convention on International Civil Aviation, no consultation with the Australian public has occurred.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Regulations 1998 include CASA's duty to assess ADs issued by States of Design and issue corresponding Australian ADs if necessary. Additionally, CASA must ensure that the cancellation of an AD, such as Australian AD/RB 211/14 Amendment 1, aligns with international standards and obligations, thereby maintaining the safety of air navigation in Australia. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, and 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.
There are specific consequences for breaches of the Civil Aviation Act 1988 and the Civil Aviation Regulations 1998. Non-compliance with ADs can result in serious safety risks and potential legal repercussions. CASA has the authority to enforce compliance and may take action against individuals or entities that fail to adhere to the requirements outlined in the ADs. The Act does not specify maximum penalties for non-compliance with ADs, but it does provide for substantial fines and potential imprisonment for serious breaches. Additionally, operators who fail to comply with ADs could face operational restrictions or even the suspension of their air operator’s certificate, severely impacting their ability to conduct commercial air operations.