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 2006-05-04 affecting General Electric engines. The United States is the State of Design for these engines. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/CF34/5 Amendment 1 which will become effective on 11 May 2006. 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 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, enacted by the Australian Parliament, aims to regulate civil aviation in the interests of safety and efficiency. This legislation provides the framework for the regulation of civil aviation, including the issuance of airworthiness directives (ADs) to ensure the safety of aircraft. The Civil Aviation Safety Regulations 1998, made under section 98 of the Civil Aviation Act, allow the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments that are subject to disallowance and must comply with the Legislative Instruments Act 2003. The ADs are in line with international obligations under the Convention on International Civil Aviation and are issued in response to directives from the State of Design, such as the United States Federal Aviation Administration (FAA). The ADs are intended to ensure the continuing airworthiness of aircraft, and in the case of the AD/CF34/5 Amendment 1, this involved updating the requirements for General Electric engines used in certain aircraft.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) which are regulatory measures aimed at maintaining the safety of air navigation. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue these directives concerning certain types of aircraft or aeronautical products. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003. The ADs are primarily aimed at ensuring the continuing airworthiness of aircraft and aeronautical products, and they are issued in compliance with international obligations, particularly under Annex 8 to the Convention on International Civil Aviation. The State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, and the State of Registry must ensure that aircraft within its jurisdiction meet these standards. CASA, acting as Australia's national airworthiness authority, is tasked with assessing information from the State of Design and issuing corresponding ADs for aircraft registered in Australia, as applicable. The issuance of ADs is often in response to directives from other contracting states, such as the United States, and may not require public consultation or a Regulatory Impact Statement. The ADs are prepared by relevant CASA offices and authorised personnel, ensuring that they align with the legislative framework and international standards.
Key Provisions
The Civil Aviation Act 1988 (sections 98 and 84A) empowers the Governor-General to make regulations that ensure the safety of air navigation. In this context, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. This legislative framework is designed to ensure that the airworthiness of aircraft remains a paramount concern, aligning with international standards and obligations.
The obligations under these provisions require CASA to carefully assess any ADs issued by the State of Design, which is the country responsible for the design of the aircraft or component in question. For example, the United States Federal Aviation Administration (FAA) issued AD 2006-05-04 concerning General Electric engines, with the United States being the State of Design. CASA, as Australia's national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements of the original directive. This ensures that the continuing airworthiness of aircraft registered in Australia is maintained in accordance with international obligations under the Convention on International Civil Aviation.
Additionally, the State of Registry, which is the country where the aircraft is registered, has the responsibility to ensure the continuing airworthiness of the aircraft. This involves developing or adopting specific requirements to maintain airworthiness, as outlined in Annex 8 of the Convention on International Civil Aviation. CASA's role in this process includes not only issuing ADs but also ensuring compliance with these directives by Australian operators. The process of issuing an AD, such as AD/CF34/5 Amendment 1 for General Electric engines, reflects CASA's commitment to safety and international cooperation.
The issuance of an AD, such as the one concerning General Electric engines, does not require public consultation as it is a response to an AD from the State of Design and is based on international obligations. Furthermore, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, made this AD on behalf of CASA in accordance with subsection 84A(2) of the Civil Aviation Act 1988, ensuring that the AD is both legally sound and aligned with safety standards.
In terms of consequences for non-compliance, the regulations provide for both civil and criminal penalties. Civil penalties may include fines and other monetary penalties, while criminal penalties may include imprisonment, depending on the severity of the breach. The exact penalties are determined by the courts, but they are intended to enforce compliance and maintain the high safety standards required by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.