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 United States FAA has issued AD 2008-14-15 affecting International Aero Engines IAE V2500 series engines. The United States is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/V2500/5, which will become effective on 28 August 2008.
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 Manager, New Technologies and 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 Parliament of Australia, governs the regulation of civil aviation to ensure safety, efficiency and orderliness in air navigation. It empowers the Governor-General to make regulations necessary for the safety of air navigation. One such regulation, regulation 39.001 of the Civil Aviation Safety Regulations 1998, enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are legislative instruments under the Legislative Instruments Act 2003 and serve as a mechanism to maintain the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. The problem or gap addressed by these regulations is the need to ensure that aircraft meet safety standards as dictated by both national and international authorities, particularly in response to directives from the State of Design. The policy objective is to harmonise Australia's airworthiness requirements with international practices, thereby safeguarding air navigation safety.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 provide the legislative framework governing the issuance of airworthiness directives (ADs) in Australia, ensuring the continuing airworthiness of aircraft registered within Australia. Specifically, under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901 and regulated by the Legislative Instruments Act 2003. The application of these ADs is driven by the State of Design's responsibilities under Annex 8 of the Convention on International Civil Aviation, which mandates the provision of information necessary for the continuing airworthiness of an aircraft type. CASA, as Australia's national airworthiness authority, must assess and, where necessary, issue Australian ADs to comply with international obligations and maintain safety standards. This process is exemplified by CASA's issuance of Australian AD/V2500/5 in response to a United States Federal Aviation Administration AD affecting International Aero Engines IAE V2500 series engines. The AD is issued pursuant to Australia's international obligations and without public consultation, as determined by the Office of Regulatory Review.
Key Provisions
The main operative sections of this legislation are section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments and are disallowable under section 46A of the Acts Interpretation Act 1901. The legislative process ensures that these ADs are created to uphold international standards and agreements, particularly under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design with the responsibility for an aircraft type's continuing airworthiness.
The obligations and requirements imposed by this Act on the parties or entities it governs are multifaceted. The State of Design must ensure the continuing airworthiness of aircraft types and provide necessary information to States of Registry, which in turn must develop or adopt requirements to ensure the continuing airworthiness of aircraft within their jurisdictions. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to mandate the requirements. This process ensures that Australian-registered aircraft meet international safety standards. Moreover, under the Civil Aviation Safety Regulations 1998, CASA must adhere to the legislative framework provided by the Civil Aviation Act 1988 and must issue ADs based on thorough assessments of international directives.
Offences and penalties for breach of this legislation are specified under the Civil Aviation Act 1988 and associated regulations. While the specific details of penalties are not explicitly stated in this excerpt, non-compliance with ADs could lead to significant legal consequences. Failure to adhere to ADs can result in civil penalties, including fines, as well as criminal penalties, depending on the severity of the breach. The maximum penalties can vary widely, but they are intended to enforce compliance and ensure the safety of air navigation. The legislative framework thus acts as a deterrent against non-compliance, promoting adherence to safety standards set forth by international and domestic regulations.