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 issued AD 2007-12-15, affecting General Electric CF34 engines. The United States is the State of Design for these engines. CASA has amended the equivalent Australian AD to AD/CF34/12 Amendment 1, which will become effective on 30 August 2007. 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 Acting 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 regulate the safety and efficiency of civil aviation in Australia, addressing the need for comprehensive legislation to govern the sector. The Act empowers the Governor-General to make regulations in the interests of air navigation safety, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). This legislative framework is crucial for ensuring that Australia meets its international obligations under the Convention on International Civil Aviation, particularly in maintaining the continuing airworthiness of aircraft types and individual aircraft. The ADs are issued in response to directives from the State of Design and aim to harmonise Australian regulations with those of other contracting states, thereby promoting global aviation safety standards.
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 to ensure the safety of air navigation. These ADs are legislative instruments, subject to disallowance and oversight under the Legislative Instruments Act 2003. The ADs are mandated by Australia’s obligations under the Convention on International Civil Aviation, particularly Annex 8, which designates the State of Design with the responsibility for the continuing airworthiness of an aircraft type and requires States of Registry to implement necessary measures. In this context, CASA, as Australia’s national airworthiness authority, assesses and issues Australian ADs in response to directives from the relevant State of Design. For instance, CASA issued AD/CF34/12 Amendment 1 following a directive from the United States Federal Aviation Administration concerning General Electric CF34 engines. The ADs are issued without public consultation and do not require a Regulatory Impact Statement, reflecting their technical and safety-focused nature.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, establishes the framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 specifically empowers CASA to issue ADs for certain kinds of aircraft or aeronautical products. This regulatory tool is vital for maintaining the safety and airworthiness of aircraft operating within Australian jurisdiction.
The obligations imposed by this Act on parties and entities are multifaceted. CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce those requirements. The State of Registry of an individual aircraft also bears the responsibility of ensuring the aircraft’s continuing airworthiness. These obligations underscore the collaborative effort required between various national and international bodies to uphold safety standards in civil aviation.
Failure to comply with the provisions set forth in the ADs can result in serious consequences. While the specific offences and penalties are not detailed in the provided text, it is reasonable to infer that non-compliance with ADs could lead to enforcement actions, fines, or other civil or criminal penalties as prescribed under the broader regulatory framework of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The severity of these penalties would likely align with the safety risks posed by the non-compliance.
The ADs are issued under the mandate of Annex 8 to the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness on the State of Design. In this case, the United States, as the State of Design for the General Electric CF34 engines, issued AD 2007-12-15, which CASA has adapted as AD/CF34/12 Amendment 1. This process highlights the international cooperation necessary to maintain air safety standards, as well as the procedural steps CASA must take to align Australian regulations with international directives.