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 German LBA has issued AD D-2006-139 affecting GE CF34 engines overhauled by German Lufthansa AERO. German LBA is the regulatory authority, regulating the unsafe condition associated with substandard work performed by Lufthansa AERO. CASA has assessed this AD and has issued Australian AD/CF34/11, which will become effective on 6 July 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 the legal framework governing civil aviation in Australia, ensuring the safety and efficiency of air navigation. One of the key provisions of this Act is section 98, which empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. In accordance with these powers, the Civil Aviation Safety Regulations 1998 were established, and regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These ADs serve as a legislative instrument, falling under the purview of the Legislative Instruments Act 2003.
The issuing of ADs is rooted in international obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design is tasked with the overall responsibility for the continuing airworthiness of an aircraft type. CASA, acting as Australia's national airworthiness authority, is obligated to assess information from the State of Design and, if necessary, issue Australian ADs to enforce the requisite safety standards. This legislative framework ensures that Australia meets its international commitments while maintaining stringent safety standards for aircraft registered within its jurisdiction.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These ADs apply to specific kinds of aircraft or aeronautical products and are mandated by regulation 39.001 of the Civil Aviation Safety Regulations 1998. Under subregulation 39.001(5), ADs are recognised as disallowable instruments, meaning they are subject to parliamentary scrutiny, and are legislative instruments as defined in the Legislative Instruments Act 2003. The application of these ADs extends to all aircraft registered in Australia, ensuring compliance with international standards set by the Convention on International Civil Aviation, particularly Annex 8, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type. CASA, as Australia's national airworthiness authority, must enforce these ADs, which are typically issued in response to safety concerns identified by the State of Design or other regulatory authorities. In the instance of AD/CF34/11, CASA responded to an AD issued by the German Federal Aviation Office (LBA) concerning GE CF34 engines overhauled by Lufthansa AERO, thereby fulfilling Australia's obligations under the Convention on International Civil Aviation. Given that these directives are a direct response to international safety concerns and align with international agreements, they do not require public consultation or a Regulatory Impact Statement, and are issued under the authority of the Act by designated CASA officials.
Key Provisions
The Civil Aviation (Safety) Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments that serve to maintain and ensure the continuing airworthiness of aircraft types registered in Australia. Specifically, regulation 39.001(5) indicates that ADs are disallowable instruments as per section 46A of the Acts Interpretation Act 1901, and are legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations necessitate that CASA, as Australia's national airworthiness authority, must assess and potentially issue Australian ADs when a State of Design issues a corresponding AD that affects aircraft registered in Australia. This is to ensure compliance with Annex 8 of the Convention on International Civil Aviation, which places responsibility on the State of Design for the continuing airworthiness of an aircraft type, and on the State of Registry for the continuing airworthiness of individual aircraft. Consequently, CASA must evaluate the information provided by the State of Design and determine the necessity of issuing an Australian AD to enforce the required measures.
Failure to comply with the provisions of an AD can result in significant legal consequences. Under section 98 of the Civil Aviation Act 1988, any person who contravenes an AD can be subject to criminal penalties. The specific nature of these penalties is not detailed in the provided text, but it is clear that non-compliance can lead to severe repercussions, including potential prosecution. Additionally, the regulations ensure that ADs do not require a Regulatory Impact Statement, and that no public consultation is necessary, given their alignment with international obligations under the Convention on International Civil Aviation. The AD in question, AD/CF34/11, was issued by CASA and became effective on 6 July 2006, in response to the German LBA's AD D-2006-139 regarding GE CF34 engines overhauled by German Lufthansa AERO.