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 2006-04-12 affecting General Electric CF 34 series engines. The United States is the State of Design for this engine series. CASA has assessed this AD and has issued Australian AD/CF34/10, which will become effective on 11 May 2006.
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 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 was enacted to establish a comprehensive legal framework for the regulation of civil aviation in Australia, with a particular focus on ensuring the safety of air navigation. This Act empowers the Governor-General to create regulations that support the Act’s objectives, including the issuance of airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 further elaborate on the regulatory mechanisms for ADs, allowing the Civil Aviation Safety Authority (CASA) to mandate specific requirements for aircraft types and aeronautical products, aligning with international standards set forth by the International Civil Aviation Organization (ICAO). The policy objective underpinning these regulations is to ensure the highest safety standards in civil aviation, in accordance with Australia’s international obligations and commitments under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as outlined in regulation 39.001. These ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901 and regulated by the Legislative Instruments Act 2003. ADs are critical for ensuring the continuing airworthiness of aircraft, a responsibility primarily borne by the State of Design as per Annex 8 to the Convention on International Civil Aviation. In Australia, CASA acts as the national airworthiness authority, mandated to assess and, if necessary, issue Australian ADs to implement the requirements of foreign States of Design. For instance, in response to an AD issued by the United States Federal Aviation Administration for General Electric CF 34 series engines, CASA issued Australian AD/CF34/10, effective from 11 May 2006. Given the international obligations and the specific nature of ADs, these instruments are issued without public consultation, and the Office of Regulatory Review has determined that they do not require a Regulatory Impact Statement. The AD is made on behalf of CASA by the Manager, New Technologies and Systems, within the Manufacturing, Certification and New Technologies Office, as stipulated by subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for issuing airworthiness directives (ADs) to ensure the safety of air navigation. According to section 98 of the Act, the Governor-General has the authority to make regulations for the Act's purposes, particularly for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. Importantly, subregulation 39.001(5) classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments as per section 6 of the Legislative Instruments Act 2003. This means ADs have the force of law and must be adhered to by relevant parties.
The obligations under this legislation primarily concern CASA, as Australia's national airworthiness authority, and the State of Registry for individual aircraft. CASA must assess any ADs issued by the State of Design—the country responsible for the aircraft type—and determine if an Australian AD is necessary. If deemed appropriate, CASA issues an Australian AD to enforce the State of Design's requirements. The State of Registry is responsible for ensuring the continuing airworthiness of aircraft on the Australian Register, which includes complying with ADs issued by CASA. This ensures that all aircraft meet the necessary safety standards and continue to be airworthy.
Failure to comply with ADs can result in significant legal consequences. While the specific offences, penalties, and consequences for non-compliance are not detailed in the provided text, it is clear that ADs carry a legal mandate. Non-compliance with ADs could potentially result in enforcement actions by CASA, which may include fines, suspension or revocation of airworthiness certificates, and other regulatory penalties. These measures are designed to ensure that all parties involved maintain the highest safety standards in civil aviation, thereby protecting the public and maintaining the integrity of air navigation systems.
The issuance of ADs is also guided by international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design has the primary responsibility for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry. In the case of the United States issuing AD 2006-04-12 for General Electric CF 34 series engines, CASA assessed the directive and issued its own Australian AD/CF34/10, which became effective on 11 May 2006. Given that these ADs are issued in accordance with international obligations and in response to directives from the State of Design, no public consultation was required, and a Regulatory Impact Statement was deemed unnecessary by the Office of Regulatory Review.