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 United States FAA has issued AD 2005-10-16 affecting General Electric CF6-80E1 series engines. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/CF6/58, which will become effective on 4 August 2005.
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 a legislative framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of 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 kinds of aircraft or aeronautical products. These ADs are legislative instruments that mandate safety requirements for aircraft, and they are issued in compliance with international obligations under the Convention on International Civil Aviation. The Act ensures that Australia meets its responsibilities under international agreements by enabling CASA to issue ADs based on assessments of directives issued by the States of Design, thereby maintaining the continuing airworthiness of aircraft on the Australian Register.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. Specifically, under section 98 of the Civil Aviation Act, the Governor-General has the authority to make regulations for the purposes of the Act, focusing on the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments and must be assessed by CASA when issued by the State of Design, in this case, the United States for General Electric CF6-80E1 series engines. CASA’s role includes evaluating the ADs and, if necessary, issuing Australian ADs to ensure compliance with international standards and the continuing airworthiness of aircraft registered in Australia. The jurisdictional reach of this Act extends to all aircraft and aeronautical products subject to Australian registration, and it operates within the framework of international civil aviation conventions, particularly Annex 8, which governs the continuing airworthiness of aircraft types.
Key Provisions
The key sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for issuing airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations in the interest of air navigation safety, while regulation 39.001 specifies that the Civil Aviation Safety Authority (CASA) can issue ADs for certain types of aircraft or aeronautical products. The ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and are classified as legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The obligations under these provisions are significant. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure the safety of the aircraft type. The State of Registry, which is responsible for the continuing airworthiness of individual aircraft, must develop or adopt requirements to maintain this safety. CASA, as Australia's national airworthiness authority, is tasked with assessing the information provided by the State of Design and, if appropriate, issuing Australian ADs to implement the requirements of the State of Design. This ensures that Australian aircraft meet international safety standards.
Failure to comply with an AD can result in serious consequences. Under section 84A of the Civil Aviation Act 1988, CASA has the authority to issue penalties for non-compliance with ADs. The maximum penalties for breaches can be substantial, reflecting the critical importance of air safety. Specifically, section 84A(1) of the Act states that a person who contravenes a direction in an AD commits an offence and is liable to a penalty, which may include fines up to $126,000 for individuals and $630,000 for corporations. In addition to criminal penalties, non-compliance can also lead to civil consequences, such as the grounding of aircraft or the suspension of airworthiness certificates, further emphasising the seriousness of adhering to these directives.