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 USA FAA has issued AD 2006-20-06 affecting General Electric CF34-10E aircraft engines. USA is the State of Design for General Electric CF34 engines. CASA has assessed this AD and has issued Australian AD/CF34/12, original issue, which will become effective on 23 November 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 framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations conducive to the safety of air navigation, and it designates the Civil Aviation Safety Authority (CASA) as the national airworthiness authority responsible for enforcing these regulations. CASA issues airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which are legislative instruments subject to disallowance and review. The policy objective of the ADs is to maintain the continuing airworthiness of aircraft in accordance with international standards, particularly as outlined in Annex 8 to the Convention on International Civil Aviation. Given the global nature of aviation, these directives are essential in ensuring that Australian-registered aircraft meet international safety requirements and standards set by the respective State of Design.
Scope and Application
The Civil Aviation Safety Regulations 1998, which are subordinate legislation 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, in accordance with regulation 39.001. These directives are legislative instruments, disallowable under the Acts Interpretation Act 1901, and subject to scrutiny under the Legislative Instruments Act 2003. The issuance of ADs is integral to the continuing airworthiness of aircraft, a responsibility that primarily lies with the State of Design and subsequently with the State of Registry. In the context of Australia, CASA must evaluate and, if necessary, issue Australian ADs to align with directives from the relevant State of Design. This process is governed by international obligations under the Convention on International Civil Aviation, specifically Annex 8, which mandates that States of Design provide necessary information to ensure the continuing airworthiness of aircraft types. Consequently, CASA has issued AD/CF34/12 in response to the USA Federal Aviation Administration's AD 2006-20-06, affecting General Electric CF34-10E aircraft engines, reflecting Australia's commitment to international aviation safety standards.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to establish regulations that serve the interests of air navigation safety. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. It is important to note that an AD is a disallowable instrument as per section 46A of the Acts Interpretation Act 1901, and thus constitutes a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and Regulations on parties such as CASA and aircraft operators are substantial. CASA, as Australia's national airworthiness authority, must rigorously assess airworthiness directives issued by the State of Design when these affect aircraft on the Australian Register. Once CASA determines that an AD is appropriate, it issues an Australian AD, thereby mandating the compliance requirements for the relevant aircraft. Aircraft operators, in turn, are required to adhere to these directives to maintain the airworthiness of their aircraft, ensuring they comply with the stipulated safety measures and maintenance protocols.
Failure to comply with an AD can result in serious legal consequences. Under section 90A of the Civil Aviation Act 1988, any person who contravenes an AD is liable to a penalty. The specific penalties are detailed in section 286, which outlines various offences related to airworthiness and safety. For instance, the maximum penalty for an individual who contravenes an AD can reach up to 500 penalty units or imprisonment for five years, or both, depending on the severity of the breach. Furthermore, corporate entities can face penalties of up to 2.5 million penalty units, reflecting the critical importance of adhering to these safety mandates.