CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 issued 2004-22-07 corr, affecting General Electric CF6 type engines. The US is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/CF6/57 Amendment 1. The amended AD, AD/CF6/57 Amendment 1, will become effective on 7 July 2005. 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 Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation and to ensure the safety and efficiency of air navigation within Australia. The Act was introduced to address the need for a comprehensive legal framework governing civil aviation operations, including the regulation of aircraft, personnel, and facilities. The Civil Aviation Act 1988 was passed by the Australian Parliament to provide a statutory basis for the regulation of civil aviation and to ensure the safety of air navigation. The policy objective of the Act is to promote the highest standards of safety and efficiency in civil aviation while facilitating the growth of the aviation industry. One of the mechanisms through which the Act achieves its objectives is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), as mandated under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that play a crucial role in maintaining the continuing airworthiness of aircraft and aeronautical products registered in Australia.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Regulations 1998, encompasses provisions that allow for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. These directives, which are considered legislative instruments, are issued by the Civil Aviation Safety Authority (CASA) under the authority granted by section 98 of the Act and regulation 39.001 of the Regulations. ADs are designed to mandate specific requirements for the continuing airworthiness of aircraft types and aeronautical products registered within Australia and are aligned with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. Specifically, the State of Design has the overarching responsibility for the continuing airworthiness of aircraft types, while the State of Registry is responsible for individual aircraft. In practice, this means that when a State of Design issues an AD, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce these requirements. In the case of the General Electric CF6 type engines, the United States, as the State of Design, issued AD 2004-22-07 corr, prompting CASA to amend the corresponding Australian AD to AD/CF6/57 Amendment 1. This amendment became effective on 7 July 2005 and superseded the previous directive. Given that this AD is issued in response to international obligations and the specific request from industry, no public consultation was undertaken. Additionally, the Office of Regulatory Review has concluded that ADs do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, establishes the framework under which airworthiness directives (ADs) are issued to ensure the safety of air navigation (sections 98 and 39.001). Regulation 39.001(5) classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and as legislative instruments in accordance with the Legislative Instruments Act 2003. These ADs are pivotal in maintaining the continuing airworthiness of aircraft and aeronautical products, with the State of Design having primary responsibility for this under Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in Australia's case is CASA, must then develop or adopt requirements to ensure the aircraft's continuing airworthiness, often through issuing Australian ADs in response to directives from the State of Design.
The obligations imposed by the Act and the Regulations on the parties involved are significant. The State of Design must provide necessary information to ensure the continuing airworthiness of aircraft types, while the State of Registry, such as CASA, must assess this information and issue corresponding ADs where appropriate. For example, in response to the US FAA's AD 2004-22-07 corr concerning General Electric CF6 type engines, CASA amended the equivalent Australian AD to AD/CF6/57 Amendment 1. This amendment, effective from 7 July 2005, replaces the previous directive and is issued in accordance with the Act’s provisions, specifically subsection 84A(2). These obligations highlight the collaborative nature of international aviation safety, where States work together to ensure the safe operation of aircraft.
Breaches of the requirements set out in the ADs can lead to severe consequences. Although the specific civil or criminal penalties are not detailed in the provided text, it is clear that non-compliance with ADs can result in safety risks, potentially leading to legal repercussions under the Civil Aviation Act 1988 and other relevant legislation. The severity of these penalties would depend on the nature and extent of the non-compliance, with potential outcomes including fines, imprisonment, or both. It is crucial for all parties involved, including aircraft operators and maintenance providers, to adhere strictly to the ADs to avoid these consequences and ensure the continued safety of air navigation.