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 2009-04-10 affecting General Electric CF6 series engines. The United States is the State of Design for these engines. CASA has assessed this AD and as a result has cancelled Australian AD/CF6/46. The cancellation will become effective on 9 April 2009. This AD has been superseded by AD/CF6/71 which reflects latest requirements dealing with the unsafe condition.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, was introduced to establish and regulate the civil aviation sector in Australia, ensuring safety and efficiency in air navigation. The Act provides the legal framework for the Civil Aviation Safety Regulations 1998, which were made to further elaborate on the standards and requirements for civil aviation safety, including the issuance of airworthiness directives (ADs). These directives are legislative instruments issued by the Civil Aviation Safety Authority (CASA) to mandate requirements for maintaining the airworthiness of aircraft and aeronautical products. The ADs are critical for ensuring that aircraft meet continuing airworthiness standards as per international conventions, particularly under Annex 8 of the Convention on International Civil Aviation, which delineates the responsibilities of States of Design and States of Registry. The policy objective of these regulations is to uphold the highest standards of safety in air navigation, aligning Australia’s practices with international standards and obligations.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the regulation of airworthiness directives (ADs) in Australia. The Act empowers the Governor-General to create regulations that serve the interests of air navigation safety, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The geographic reach of the Act applies nationally, with CASA fulfilling its obligations under international conventions such as Annex 8 to the Convention on International Civil Aviation by issuing ADs that align with those from the State of Design and other contracting states. The ADs apply to entities and individuals involved in the operation and maintenance of aircraft registered in Australia, ensuring compliance with safety standards. The Act does not specify exclusions or exemptions, and its application can be extended or restricted through subordinate instruments.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework within which airworthiness directives (ADs) are issued to ensure the safety of air navigation. According to section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments that must comply with the Legislative Instruments Act 2003.
Under the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, requiring them to provide necessary information to the States of Registry. In Australia, CASA acts as the national airworthiness authority. When an AD is issued by a State of Design, CASA must assess this information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design, ensuring compliance with international standards.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 mandate that CASA evaluates ADs issued by other countries and implements corresponding ADs in Australia where necessary. This includes assessing the safety implications and ensuring that Australian aircraft meet international airworthiness standards. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction, with CASA's oversight.
Failure to comply with the requirements of an AD can result in significant civil and criminal consequences. The Civil Aviation Act 1988 does not specify maximum penalties for non-compliance with ADs, but penalties can include fines and imprisonment. The severity of penalties may vary based on the nature and extent of the non-compliance. Furthermore, failure to comply with an AD can lead to aircraft being grounded, which poses serious risks to aviation safety and can result in substantial financial and reputational damage to airlines and aircraft operators.
In the specific case of the General Electric CF6 series engines, the United States FAA issued AD 2009-04-10, which CASA assessed and subsequently cancelled Australian AD/CF6/46, replacing it with AD/CF6/71. This cancellation was due to Australia's obligations under the Convention on International Civil Aviation and did not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. This action was taken by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, in accordance with subsection 84A(2) of the Act.