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 2007-05-14 affecting General Electric CF6 engine types. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/CF6/63, which will become effective on 10 May 2007.
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, Airframes, 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 safety in Australia and to establish the Civil Aviation Authority (CASA) as the national airworthiness authority. This legislation was introduced to address the need for a comprehensive legal framework governing civil aviation operations, safety standards, and the oversight of aircraft airworthiness within Australia. The Act was enacted by the Australian Parliament, reflecting a policy objective to ensure the highest standards of safety and efficiency in civil aviation. Under this Act, CASA is empowered to issue airworthiness directives, which are legislative instruments designed to mandate safety requirements for aircraft and aeronautical products, ensuring compliance with international standards and conventions, such as those outlined in Annex 8 to the Convention on International Civil Aviation. These directives are crucial in maintaining the continuing airworthiness of aircraft registered in Australia, thereby safeguarding public safety and promoting uniformity in aviation safety standards across jurisdictions.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, encompasses the issuance of airworthiness directives (ADs) under section 98 of the Act, facilitating regulations for air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs concerning specific types of aircraft or aeronautical products. Notably, these directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and they are legislative instruments pursuant to section 6 of the Legislative Instruments Act 2003. The application of these ADs extends to ensuring the continuing airworthiness of aircraft registered in Australia, aligning with the international obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design has a primary responsibility for the airworthiness of an aircraft type. When a State of Design, such as the United States, issues an AD affecting aircraft types on the Australian Register, CASA, as the national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the requisite safety measures. This process does not involve public consultation or require a Regulatory Impact Statement, as it is mandated by international agreements and the State of Design's directives.
Key Provisions
The key operative sections of the Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, allow for the issuance of airworthiness directives (ADs) under regulation 39.001, which are legislative instruments under section 6 of the Legislative Instruments Act 2003. The Civil Aviation Act 1988 (section 98) empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001(5) specifically permits the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. This regulation ensures that ADs are legally binding and enforceable, thus playing a critical role in maintaining the safety and airworthiness of aircraft operating within Australia.
The Act imposes several obligations and requirements on the parties it governs. Firstly, the State of Design, which in this case is the United States for General Electric CF6 engine types, is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to ensure compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. Secondly, the State of Registry, which is Australia in this scenario, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This ensures that all aircraft operating in Australia meet the necessary safety standards.
There are specific consequences and penalties for non-compliance with ADs. Under the Civil Aviation Act 1988, failure to comply with an AD can lead to both civil and criminal penalties. Civil penalties may include fines, suspension, or revocation of an aircraft’s certificate of airworthiness. Criminal penalties may apply if the non-compliance results in significant harm or endangers public safety, leading to potential imprisonment. The exact penalties depend on the severity of the breach and are determined by the relevant authorities, such as CASA or the courts. Additionally, operators who fail to comply with ADs may face operational restrictions, which can severely impact their ability to conduct commercial air services.