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 USA FAA issued AD 2005-17-05, affecting General Electric CF6-80 turbofan engines in 2005. USA is the State of Design for General Electric engines. As a result of a request from industry, CASA has amended the equivalent Australian AD to Amendment 1. The amended AD, AD/CF6/59 Amendment 1, will become effective on 22 December 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 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 was enacted to provide a comprehensive regulatory framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. It empowers the Governor-General to make regulations for the purposes of the Act, particularly focusing on the safety of air navigation, as seen in the issuance of airworthiness directives under section 98. The Civil Aviation Safety Regulations 1998, made under this Act, further specify the regulatory mechanisms for maintaining aircraft airworthiness, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). The objective of these regulations is to ensure that aircraft continue to meet airworthiness standards as per the Convention on International Civil Aviation and the responsibilities of the State of Design and State of Registry. This legislative framework is designed to harmonise with international standards while ensuring the safety of air navigation within Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These directives are applicable to aircraft registered in Australia and are issued in response to airworthiness issues identified by the State of Design or as part of international obligations under the Convention on International Civil Aviation. The ADs, once issued, become legislative instruments under the Legislative Instruments Act 2003 and are subject to disallowance under the Acts Interpretation Act 1901. While the ADs are typically issued without public consultation due to their international alignment and urgency, they are thoroughly reviewed to ensure they meet safety standards and are compliant with Australian regulations. The ADs are applicable nationally and are enforced by CASA, Australia’s national airworthiness authority, which has the responsibility of ensuring the continuing airworthiness of all aircraft registered within the country.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for certain types of aircraft or aeronautical products. These ADs serve as a legislative instrument, as outlined in subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003.
The obligations placed on CASA under these regulations are significant. When a State of Design, such as the United States of America, issues an AD, CASA must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This process ensures that the continuing airworthiness of aircraft registered in Australia is maintained in line with international standards. CASA, as Australia’s national airworthiness authority, must ensure compliance with these ADs to uphold safety standards.
Failure to comply with an AD can result in severe civil and criminal consequences. Under section 116 of the Civil Aviation Act 1988, a person who contravenes an AD is liable for a civil penalty. The maximum penalty for an individual is 500 penalty units, while for a body corporate, it can be up to 2,500 penalty units. Additionally, under section 123 of the Act, an officer of a corporation who is responsible for the contravention can be subject to personal criminal liability, which includes imprisonment for up to two years. These stringent measures underscore the importance of adhering to airworthiness directives to maintain aviation safety standards.