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 US FAA has issued AD 2006-12-24 affecting General Electric CF6 model engines. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CF6/36, Amendment 1, which will become effective on 31 August 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, Airframes 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 comprehensive legislative framework for civil aviation in Australia, addressing various aspects of air navigation and safety. Under this Act, the Governor-General has the authority to make regulations aimed at ensuring the safety of air navigation, as specified in section 98. Complementing this, the Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as critical tools in maintaining the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The enactment of ADs is driven by the need to uphold Australia's commitments under the Convention on International Civil Aviation and to respond to directives issued by the aircraft's State of Design, ensuring the safety and airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides a regulatory framework aimed at ensuring the safety of air navigation in Australia. Specifically, under section 98 of the Act, the Governor-General has the authority to make regulations that are in the interests of air navigation safety, with regulation 39.001 of the Civil Aviation Safety Regulations 1998 enabling the issuance of airworthiness directives (ADs) for certain types of aircraft or aeronautical products by the Civil Aviation Safety Authority (CASA). These ADs, being legislative instruments, are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and must comply with the Legislative Instruments Act 2003. The ADs are issued under Australia’s obligations under Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design, while the State of Registry is tasked with ensuring the airworthiness of individual aircraft. CASA, as Australia’s national airworthiness authority, is required to assess and, if necessary, issue Australian ADs to enforce the requirements set by the State of Design. This process ensures that the ADs issued are in line with international standards and practices, as demonstrated by CASA’s issuance of Australian AD/CF6/36, Amendment 1, in response to the US FAA’s AD 2006-12-24 concerning General Electric CF6 model engines.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. According to section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations for the purposes of the Act, specifically to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular kinds of aircraft or aeronautical products. As per subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and hence, an AD is a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The State of Design, which in this case is the United States for the General Electric CF6 model engines, has the overall responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing necessary information to the States of Registry to ensure the continuing airworthiness of aircraft types registered in their jurisdictions. The State of Registry, which is Australia in this instance, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within their borders. When a State of Design issues an AD, CASA must assess the information and, if deemed appropriate, issue an Australian AD to enforce the requirements of the State of Design.
In this particular case, the US Federal Aviation Administration (FAA) issued AD 2006-12-24 concerning General Electric CF6 model engines, with the USA being the State of Design. CASA has evaluated this AD and has issued Australian AD/CF6/36, Amendment 1, which will take effect on 31 August 2006. This AD cancels and replaces the previous issue. Since this AD is issued due to Australia's obligations under the Convention on International Civil Aviation and is a response to an AD raised by the relevant State of Design, no consultation of the Australian public has occurred on this AD. The Office of Regulatory Review has concluded that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office on behalf of CASA, in accordance with subsection 84A(2) of the Act.
In terms of obligations and requirements, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose specific duties on the parties involved. The State of Design must ensure the continuing airworthiness of an aircraft type and provide necessary information to States of Registry. The State of Registry, in this case, Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered in their jurisdiction. CASA, as Australia's national airworthiness authority, must assess any ADs issued by States of Design and, if appropriate, issue an Australian AD to enforce the requirements. These obligations are in place to maintain the safety and airworthiness of aircraft operating within Australia.
Breaching the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in various civil and criminal consequences. Offences under these Acts may include failure to comply with airworthiness directives, which can lead to penalties for individuals or corporations. The maximum penalties for these offences can vary depending on the severity of the breach and may include fines, imprisonment, or both. In some cases, the breach of airworthiness directives can result in the suspension or revocation of an aircraft's airworthiness certificate, grounding the aircraft until the required actions are taken to address the issue. It is essential for all parties involved to adhere to the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 to ensure the safety of air navigation in Australia.