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 German LBA issued AD D-2002-358R6, affecting Rolls Royce Germany TAY series engines. Germany is the State of Design for this series of Rolls Royce engine. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/TAY/8 Amendment 2. The amended AD, AD/TAY/8 Amendment 2, will become effective on 4 August 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, enacted by the Australian Parliament, provides the framework for regulating civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. This Act empowers the Governor-General to create regulations that serve the interests of aviation safety. A specific regulation under this Act, 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs, which are legislative instruments, are essential for maintaining the continuing airworthiness of aircraft as mandated by Annex 8 of the Convention on International Civil Aviation, to which Australia is a signatory. The Act thus addresses the need for harmonised safety standards and regulatory practices in civil aviation, ensuring that Australian regulations align with international standards and commitments.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together govern the issuance of airworthiness directives (ADs) within Australia, ensuring the continuing airworthiness of aircraft and aeronautical products. The Act applies to the Civil Aviation Safety Authority (CASA), which is mandated to issue ADs for specific kinds of aircraft or aeronautical products under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments as per the Legislative Instruments Act 2003. The ADs are necessary to fulfil Australia's obligations under the Convention on International Civil Aviation, particularly through Annex 8, which places the responsibility of continuing airworthiness on the State of Design and the State of Registry of an aircraft. CASA, as Australia's national airworthiness authority, is required to assess and, if necessary, issue ADs to enforce the requirements set forth by the State of Design. The issuance of such ADs is a direct response to international safety mandates and does not generally require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and as such, it is also a legislative instrument under section 6 of the Legislative Instruments Act 2003. ADs serve as a primary mechanism for disseminating continuing airworthiness information, as stipulated in Annex 8 to the Convention on International Civil Aviation. This convention places the responsibility of ensuring the continuing airworthiness of an aircraft type on the State of Design, which must provide necessary information to relevant States of Registry. The State of Registry, in turn, is responsible for the ongoing airworthiness of individual aircraft and must establish or adopt requirements to maintain this airworthiness.
Under the Civil Aviation Safety Regulations 1998, CASA must review ADs issued by the State of Design when these ADs pertain to aircraft registered in Australia. In such cases, CASA may issue an equivalent Australian AD to enforce the requirements specified by the State of Design. For instance, the German Federal Aviation Office (LBA) issued AD D-2002-358R6, which pertains to Rolls Royce Germany TAY series engines. Germany, as the State of Design, prompted CASA to revise the corresponding Australian AD to AD/TAY/8 Amendment 2, which became effective on 4 August 2005. Since this AD was issued in response to international obligations and an AD from the State of Design, no public consultation was conducted. Additionally, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. This particular AD was made by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
In terms of compliance, entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 are required to adhere to ADs issued by CASA. These directives must be followed to ensure the airworthiness of aircraft and aeronautical products. Failure to comply with ADs can lead to serious consequences, including potential criminal or civil penalties. Specifically, under section 43 of the Civil Aviation Act 1988, any person who contravenes a provision of an AD can be subject to a penalty. The Act does not specify maximum penalties but indicates that the penalties can be severe, depending on the nature and extent of the breach. Additionally, the severity of penalties can be influenced by other related legislation, which may provide further details on the potential fines and imprisonment terms for non-compliance with ADs.