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 EASA issued AD 2007-0258 affecting Rolls Royce Tay Series engines. Germany is the State of Design for this engine series. As a result CASA has amended the equivalent Australian AD to AD/TAY/12 Amendment 6 which will become effective on 22 November 2007. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting Manager, Systems in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, provides the legal framework for regulating civil aviation in Australia. The Act was introduced to ensure the safety and efficiency of air navigation within the country. One of the mechanisms introduced by the Act is the ability for the Governor-General to make regulations, including the issuance of airworthiness directives (ADs), to further the interests of air navigation safety. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products, with these directives being considered legislative instruments under the Legislative Instruments Act 2003. This legislative framework is designed to ensure that aircraft continue to meet airworthiness standards and comply with international obligations under the Convention on International Civil Aviation, specifically addressing the continuing airworthiness responsibilities of the State of Design and the State of Registry.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The Act empowers the Governor-General to make regulations to ensure the safety of air navigation, and regulation 39.001 specifically allows CASA to issue ADs for kinds of aircraft or aeronautical products. This authority is exercised in accordance with international standards set by the International Civil Aviation Organization (ICAO), with the State of Design having the primary responsibility for the continuing airworthiness of an aircraft type. Under these regulations, CASA, as Australia’s national airworthiness authority, is obligated to issue ADs when required by Australia’s obligations under the Convention on International Civil Aviation, particularly when such directives are issued by the State of Design. The ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. While the issuance of ADs is governed by these statutory provisions, they are typically not subject to public consultation or a Regulatory Impact Statement, reflecting their technical and safety-focused nature.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, as referenced in the explanatory statement, include section 98, which grants the Governor-General the authority to make regulations in the interests of air navigation safety. Under this authority, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs are considered legislative instruments, as per subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, and they are subject to disallowance under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by this legislation require CASA to assess any AD issued by a State of Design, which is the country where the aircraft type was designed, and determine whether an Australian AD should be issued. This is in line with Annex 8 to the Convention on International Civil Aviation, which places responsibility for the continuing airworthiness of an aircraft type with the State of Design and with the State of Registry for individual aircraft. When a State of Design issues an AD, CASA must review the information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design.
The Civil Aviation Safety Regulations 1998, through the issuance of ADs, impose specific obligations on CASA and other entities. CASA must ensure that Australian ADs are issued in response to international safety requirements and that these directives are communicated effectively to the relevant stakeholders, including aircraft operators and maintenance providers. The State of Registry must also develop or adopt requirements to ensure the continuing airworthiness of aircraft, aligning with international standards as mandated by Annex 8 of the Convention on International Civil Aviation.
Offences, penalties, or civil/criminal consequences for breach of these regulations are not explicitly stated in the explanatory statement. However, it is understood that failure to comply with ADs could lead to significant safety risks and potential enforcement actions by CASA. These could include fines, penalties, or other regulatory actions as deemed necessary to ensure compliance with the safety standards set forth in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The specifics of such penalties would be determined on a case-by-case basis, taking into account the severity and impact of the non-compliance.