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 has issued AD 2007-0113 affecting Rolls Royce TAY series engines. The EASA is the State of Design for these engines. CASA has assessed this AD and as a result has cancelled Australian AD/TAY/9. The cancellation will become effective on 5 July 2007. A replacement AD, AD/TAY/19 has been issued as the original unsafe condition has been corrected by new requirements detailed in that AD.
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 Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, aims to ensure the safety of air navigation in Australia. The Act allows for the creation of regulations to maintain air safety standards, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. ADs are legislative instruments that mandate safety measures for aircraft and aeronautical products. In accordance with the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of aircraft types and must provide necessary information to States of Registry. CASA, as Australia’s national airworthiness authority, assesses this information and issues Australian ADs as necessary. The AD in question, AD 2007-0113 issued by the EASA concerning Rolls Royce TAY series engines, led to the cancellation of Australian AD/TAY/9 and the issuance of a replacement AD, AD/TAY/19, reflecting updated safety requirements. The AD cancellation was made without public consultation due to its alignment with international obligations and the AD raised by the relevant State of Design. The Manager, New Technologies and Systems, issued the AD on behalf of CASA, in accordance with the Civil Aviation Act 1988.
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) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations in the interests of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments under the Legislative Instruments Act 2003. ADs serve as a primary means for states to communicate continuing airworthiness information, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Design holds the overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry, which is responsible for the individual aircraft's airworthiness. CASA, as Australia's national airworthiness authority, is obligated to assess information from the State of Design and, if appropriate, issue Australian ADs to enforce the requirements of the State of Design. The application of ADs is therefore comprehensive, encompassing all aircraft and aeronautical products registered in Australia, as well as adhering to international standards set forth by ICAO and obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes a framework for ensuring the safety of air navigation. Specifically, section 98 of the Act allows the Governor-General to create regulations for the Act's purposes, which include the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives, as specified in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, thereby classifying them as legislative instruments. This legal structure is designed to maintain the highest safety standards in the aviation sector.
Under these provisions, the State of Design—the country where the aircraft type was designed—has the primary responsibility for ensuring the continuing airworthiness of that aircraft type. This responsibility includes providing necessary information to the State of Registry, the country where the individual aircraft is registered. The State of Registry must then develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. In the case of Australia, CASA acts as the national airworthiness authority. When the State of Design issues an AD, CASA must evaluate the information and, if appropriate, issue a corresponding Australian AD to enforce the requirements set forth by the State of Design.
The EASA, as the State of Design for the Rolls Royce TAY series engines, issued AD 2007-0113. CASA assessed this directive and subsequently cancelled Australian AD/TAY/9, effective 5 July 2007, as the original unsafe condition had been addressed by new requirements detailed in the replacement AD, AD/TAY/19. This cancellation was due to Australia’s obligations under the Convention on International Civil Aviation and was made in response to the EASA’s AD. Given the international nature of this directive and the requirement to align with the State of Design's AD, no consultation with the Australian public was deemed necessary. Furthermore, the Office of Regulatory Review has determined that such ADs do not require a Regulatory Impact Statement.
The AD was issued by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A(2) of the Act. This legislative framework ensures that airworthiness directives are issued and managed in a manner that aligns with international standards and obligations, thereby maintaining the safety of air navigation.