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 2005-17-05 affecting General Electric CF6-80 series turbofan engines. The United States is the State of Design for these engine models. CASA has assessed this AD and has issued Australian AD/CF6/59 which will become effective on 24 November 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 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 framework for regulating civil aviation in Australia, with a strong emphasis on safety. This legislation empowers the Governor-General to make regulations that serve the interests of air navigation safety, as specified under section 98. Specifically, the Act enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for different types of aircraft and aeronautical products, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are considered legislative instruments, as they fall under the purview of section 46A of the Acts Interpretation Act 1901 and are further regulated by the Legislative Instruments Act 2003. The enactment of the Civil Aviation Act 1988 was essential to ensure compliance with international standards and to maintain the safety and efficiency of civil aviation within Australia, aligning with the obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of aircraft. Specifically, regulation 39.001 allows CASA to issue these directives for particular kinds of aircraft or aeronautical products, with these directives being classified as disallowable instruments under the Acts Interpretation Act 1901 and as legislative instruments under the Legislative Instruments Act 2003. ADs are integral to the continuing airworthiness of aircraft, with the State of Design having primary responsibility for the airworthiness of aircraft types and the State of Registry responsible for individual aircraft. In practice, CASA assesses ADs issued by foreign authorities, such as the United States Federal Aviation Administration, and issues corresponding Australian ADs to ensure compliance with international standards and Australian regulations. The ADs are issued in response to obligations under international conventions, such as the Convention on International Civil Aviation, and therefore do not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the purposes of the Act, particularly for the safety of air navigation. 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. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations include the responsibility of the State of Design, which must provide necessary information to ensure the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Registry, such as Australia in this case, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its registry. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must assess the information and issue an Australian AD if appropriate. This ensures that the continuing airworthiness requirements are consistent with international standards.
Failure to comply with the ADs may result in significant civil and criminal consequences. For instance, operating an aircraft without adhering to the requirements specified in an AD can lead to penalties as outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The specific penalties may vary depending on the severity of the non-compliance and can include fines or imprisonment, with the maximum penalties stipulated in the relevant sections of these Acts. Ensuring compliance with ADs is crucial to maintaining the safety and airworthiness of aircraft in Australian airspace.