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.
In 1982 the Civil Aviation Authority of the United Kingdom issued AD G-009-06-82 to mandate withdrawal from service of specified engine components of Rolls-Royce RB211-524 engines that had suffered an overspeed condition. The United Kingdom is the State-of-Design of the Rolls-Royce RB211 engine. CASA has reviewed all ADs for the RB211 issued in the United Kingdom and decided to issue AD/RB211/43 to mandate compliance with AD G-009-06-82. AD/RB211/43 will become effective on 30 April 2012. Compliance with AD/RB211/43 must be achieved following any overspeed after 30 April 2012.
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.
Compatibility with human rights and freedoms
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
The AD has been made by the Acting Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, provides the foundational legal framework for the regulation of civil aviation within Australia. This Act was introduced to address the need for a comprehensive and enforceable set of laws that would ensure the safety and efficiency of air navigation in Australia. One significant aspect of the Act is its delegation to the Civil Aviation Safety Authority (CASA) the power to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are critical in maintaining the continuing airworthiness of aircraft and aeronautical products and are mandated under international obligations, specifically Annex 8 to the Convention on International Civil Aviation. The policy objective behind these provisions is to uphold the highest safety standards in civil aviation, in line with international standards and practices, thereby protecting public safety and ensuring the safe operation of aircraft within Australian airspace.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. This authority is exercised in the interests of air navigation safety as per the Civil Aviation Act 1988. An AD, being a disallowable instrument under section 46A of the Acts Interpretation Act 1901, constitutes a legislative instrument in accordance with the Legislative Instruments Act 2003. These directives are integral to maintaining the continuing airworthiness of aircraft, a responsibility ultimately resting with the State of Registry, which in Australia is CASA. When a State of Design issues an AD affecting an aircraft on the Australian Register, CASA is obligated to assess and, if necessary, issue a corresponding Australian AD. For instance, in response to the UK Civil Aviation Authority's AD G-009-06-82 regarding the Rolls-Royce RB211-524 engine, CASA issued AD/RB211/43, effective from 30 April 2012. Given the international obligations under the Convention on International Civil Aviation and the direct correlation with an AD from the State of Design, no public consultation was required for this AD. Furthermore, the Office of Regulatory Review has determined that such ADs do not necessitate a Regulatory Impact Statement. The AD, compliant with human rights and freedoms as per the Human Rights (Parliamentary Scrutiny) Act 2011, has been issued by the Acting Manager, Continuing Airworthiness, in CASA's Airworthiness and Engineering Branch.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs). Under section 98 of the Act, the Governor-General can make regulations for the safety of air navigation, and regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products (section 39.001(5)). These ADs are considered legislative instruments under the Legislative Instruments Act 2003 (section 6).
The Act and Regulations impose obligations on CASA and other entities to ensure the continuing airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for providing necessary information to ensure airworthiness. When an AD is issued by the State of Design, CASA must assess the information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design (section 39.001(5)). The State of Registry of an individual aircraft is also responsible for its continuing airworthiness and must develop or adopt requirements to ensure this (Annex 8).
Breach of the requirements set out in ADs can result in serious consequences. The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 do not explicitly state penalties for non-compliance with ADs, but failure to comply can lead to enforcement actions by CASA, which may include grounding of the aircraft, fines, or other legal actions. Non-compliance with ADs can also have broader safety implications, potentially leading to accidents or incidents that could endanger lives and property.
Given the international nature of aviation, the ADs are issued in response to obligations under international conventions and in coordination with the relevant State of Design. This means that public consultation is not always necessary, as was the case with AD/RB211/43, which was issued in response to an AD from the United Kingdom regarding Rolls-Royce RB211-524 engines. The Office of Regulatory Review has also determined that ADs do not require a Regulatory Impact Statement, further streamlining the process of issuing these important safety measures.
The compatibility of these instruments with human rights and freedoms is affirmed under the Human Rights (Parliamentary Scrutiny) Act 2011. The ADs set out technical requirements and do not engage any of the applicable rights or freedoms, making them compatible with human rights and freedoms. The AD/RB211/43 was made by the Acting Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94(1) of the Act, ensuring proper authorisation and adherence to legislative processes.