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 2006-16-06 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/CF6/62, which will become effective on 26 October 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, enacted by the Australian Parliament, aims to ensure the safety and efficiency of civil aviation. This legislation empowers the Governor-General to establish regulations that promote the safety of air navigation. In line with this, the Civil Aviation Safety Regulations 1998, established under the Act, permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are instrumental in maintaining the continuing airworthiness of aircraft, which is a fundamental safety requirement. The ADs are considered legislative instruments as per the Legislative Instruments Act 2003, and they must align with international standards set by the International Civil Aviation Organization (ICAO). CASA, acting as Australia’s national airworthiness authority, is mandated to issue Australian ADs in response to ADs issued by the State of Design, ensuring compliance with international obligations and maintaining the safety standards of the Australian aviation industry.
Scope and Application
The Civil Aviation Safety Regulations 1998 provide the regulatory framework for the issuance of airworthiness directives (ADs) under the Civil Aviation Act 1988, which applies to all aircraft registered in Australia and their components, as well as to any aeronautical products used in Australian airspace. This legislative regime ensures that all such aircraft and products maintain their airworthiness in line with international standards and obligations under the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, acting on directives issued by the State of Design or in response to safety concerns identified domestically or internationally. These ADs are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The ADs are effective nationwide and are designed to mandate safety measures that must be complied with by the State of Registry of the aircraft in question, which is Australia in the case of aircraft registered within its borders. This regulatory approach ensures that all aircraft operating in Australia adhere to stringent safety standards, thereby safeguarding the public and maintaining the integrity of the national airspace.
Key Provisions
The key operative sections of this legislation revolve around the issuance of airworthiness directives (ADs) under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Specifically, section 98 of the Act empowers the Governor-General to make regulations that are in the interest of the safety of air navigation, and regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for particular kinds of aircraft or aeronautical products. These ADs are legislative instruments under section 46A of the Acts Interpretation Act 1901 and are subject to disallowance.
The obligations and requirements imposed by this legislation are primarily centred around ensuring the continuing airworthiness of aircraft. The State of Design, which in this case is the United States for the General Electric CF6 series engines, holds the primary responsibility for the continuing airworthiness of the aircraft type and must provide necessary information to ensure its airworthiness. The State of Registry, which is Australia in this context, must then develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. CASA, as Australia's national airworthiness authority, is required to assess ADs issued by the State of Design and, if deemed appropriate, issue corresponding Australian ADs to mandate the requirements of the State of Design.
In terms of offences, penalties, or civil/criminal consequences for breach, the legislation does not explicitly outline specific penalties for non-compliance with ADs. However, non-compliance with airworthiness requirements generally can lead to severe consequences, including fines and imprisonment under section 79 of the Civil Aviation Act 1988, which pertains to the prohibition of operating an aircraft that is not airworthy. The maximum penalty for such offences can include fines up to $275,000 for corporations and $55,000 for individuals, alongside or in addition to imprisonment terms. Failure to comply with an AD can also result in the grounding of aircraft, thereby impacting operations and potentially leading to safety risks.
Additionally, CASA has the authority to take enforcement actions under section 84A of the Act, which includes the power to issue compliance orders and to prosecute breaches of regulations. This authority underscores the seriousness with which CASA treats compliance with airworthiness directives and other regulatory requirements. In this particular case, as the AD is issued due to Australia's obligations under the Convention on International Civil Aviation, no consultation of the Australian public has taken place, and it has been determined that a Regulatory Impact Statement is not required. The AD was 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.