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 2007-12-09 affecting General Electric CF34 series engines. The Untied States is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/CF34/14 which will become effective on 2 August 2007.
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 provide a legislative framework for the regulation of civil aviation within Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations, including the issuance of airworthiness directives (ADs), as per section 98, in the interests of safety. The Civil Aviation Safety Regulations 1998, under regulation 39.001, enable the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These directives are considered legislative instruments and must comply with the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The Civil Aviation Act 1988 thus addresses the need for a cohesive and internationally compliant regulatory approach to maintaining airworthiness standards, ensuring that Australia meets its obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides a framework for the issuance of airworthiness directives (ADs) under the authority of the Civil Aviation Safety Authority (CASA). These regulations enable CASA to mandate safety measures for aircraft and aeronautical products, ensuring compliance with international standards and obligations. Airworthiness directives are issued in response to identified safety issues and are intended to address specific deficiencies in aircraft types or components, thereby maintaining the safety of air navigation. The regulations specify that ADs are legislative instruments subject to disallowance and must be assessed and potentially adopted by CASA in accordance with the responsibilities of the State of Registry and the State of Design under the Convention on International Civil Aviation.
The application of these directives is governed by the jurisdiction and responsibilities of CASA as Australia’s national airworthiness authority. ADs apply to aircraft registered in Australia and may be issued in response to directives from the State of Design. For instance, following the issuance of an AD by the United States Federal Aviation Administration (FAA) regarding General Electric CF34 series engines, CASA has issued its own AD/CF34/14, effective from 2 August 2007. Given that these directives are issued under international obligations and in response to actions by the relevant State of Design, there is no requirement for public consultation or a Regulatory Impact Statement. This legislative process ensures that Australia meets its international commitments while maintaining the highest safety standards in civil aviation.
Key Provisions
The Civil Aviation Act 1988 provides the legislative framework for civil aviation in Australia, and under section 98 (1), the Governor-General has the power to make regulations for the purposes of the Act. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, as stipulated in section 6 of the Legislative Instruments Act 2003, and are disallowable under section 46A of the Acts Interpretation Act 1901. The State of Design, typically the country where the aircraft or product was designed, holds primary responsibility for the continuing airworthiness of the aircraft type and must furnish any necessary information to the States of Registry to ensure continued airworthiness. Annex 8 to the Convention on International Civil Aviation outlines these responsibilities, and ADs are a common method for disseminating continuing airworthiness information among ICAO Contracting States.
The Act and associated regulations impose several obligations on the parties involved. The State of Design must issue ADs as necessary to maintain airworthiness, and these directives must be communicated to the relevant States of Registry. In Australia, CASA, as the national airworthiness authority, is responsible for assessing ADs issued by other States of Design and determining whether they need to be implemented in Australia. If CASA determines that an AD is necessary, it must issue an Australian AD to mandate the requirements of the foreign AD for aircraft registered in Australia. This ensures that Australian aircraft meet the same safety standards as those in other ICAO Contracting States. The State of Registry, which in Australia is CASA, must also develop or adopt requirements to ensure the continuing airworthiness of aircraft under its jurisdiction.
Failure to comply with airworthiness directives can result in various civil and criminal consequences. Under section 101 of the Civil Aviation Act 1988, any person who contravenes a regulation made under the Act commits an offence. The Civil Aviation Safety Regulations 1998, in regulation 39.007, specify that any person who fails to comply with an AD commits an offence. The penalties for such offences can be significant. For example, for a body corporate, the maximum penalty for contravening a regulation can be up to $210,000, as stipulated in section 101(2) of the Act. Additionally, individuals who are responsible for the management of a body corporate and who fail to prevent the offence can also be held personally liable and face penalties. The consequences of non-compliance can include fines, potential grounding of aircraft, and other enforcement actions by CASA.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for ensuring the airworthiness of aircraft operating in Australia. CASA has the authority to issue airworthiness directives in response to directives from the State of Design, ensuring that Australian aircraft meet international safety standards. The Act and Regulations impose obligations on CASA and other entities to assess and implement these directives. Failure to comply with an AD can result in substantial penalties, including fines and potential criminal charges. The issuing of ADs is conducted in accordance with Australia’s obligations under international conventions and does not require public consultation or a Regulatory Impact Statement.