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 2005-23-09 affecting General Electric CF6 series engines. The United States is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/CF6/60, which will become effective on 19 January 2006.
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 regulate civil aviation in Australia, ensuring safety and efficiency within the industry. This Act provides the legislative framework for the issuance of airworthiness directives (ADs) as a means to maintain the safety and airworthiness of aircraft and aeronautical products. In accordance with section 98 of the Act, the Governor-General can make regulations that are essential for the safety of air navigation, including the issuance of ADs through the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue ADs that mandate specific requirements to ensure the continuing airworthiness of aircraft types and aeronautical products. These ADs are legislative instruments that are subject to disallowance under the Acts Interpretation Act 1901 and are made in accordance with the Legislative Instruments Act 2003. The policy objective of these regulations is to align Australia’s aviation safety standards with international obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft types and aeronautical products.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia, ensuring the safety of air navigation as mandated by the Act. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. This regulatory authority is exercised in alignment with international standards, as outlined in Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type and the State of Registry for the airworthiness of individual aircraft. When an AD is issued by a State of Design, such as the United States FAA's AD 2005-23-09 for General Electric CF6 series engines, CASA evaluates the directive and, if necessary, issues a corresponding Australian AD to enforce the requirements on aircraft registered in Australia. This AD, identified as AD/CF6/60, will take effect from 19 January 2006. Given that the issuance of such ADs is driven by international obligations and the specific design state's requirements, no public consultation is required. Additionally, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The AD is made by the Manager, New Technologies and Systems, within CASA’s Manufacturing, Certification and New Technologies Office, in accordance with the Act.
Key Provisions
The key operative sections of the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products (section 39.001). These ADs are legislative instruments, as defined by section 6 of the Legislative Instruments Act 2003, and are issued in accordance with the principles outlined in Annex 8 to the Convention on International Civil Aviation. These directives mandate certain requirements to ensure the continuing airworthiness of aircraft, which falls under the responsibility of the State of Registry, in this case, Australia. CASA, as the national airworthiness authority, must assess information from the State of Design and, if necessary, issue an Australian AD to enforce the requirements set by the State of Design.
The Civil Aviation Safety Regulations impose several obligations on CASA and other parties. CASA must assess airworthiness information from the State of Design and, if appropriate, issue an Australian AD to enforce the necessary requirements (section 39.001). The State of Registry, which in this context is Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Design, such as the United States for General Electric CF6 series engines, has the responsibility to provide necessary information to ensure airworthiness. CASA, as the State of Registry for Australia, must ensure that all mandated requirements are implemented and enforced.
Failure to comply with an AD can lead to serious legal and safety consequences. Under section 84A of the Civil Aviation Act 1988, CASA may take enforcement actions against non-compliance, which can include fines or other penalties. While specific maximum penalties are not detailed in the provided text, it is clear that non-compliance with airworthiness directives is taken seriously to maintain the high safety standards required in civil aviation. The issuance of ADs and the enforcement of compliance are critical to ensuring that aircraft remain airworthy and safe for operation.