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 2007-12-07 affecting General Electric company CF6-80C2B series engines. The United States is the State of Design for these engine types. CASA has assessed this AD and has issued Australian AD/CF6/65, which will become effective on 2 August 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 Acting 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 of air navigation and the continuing airworthiness of aircraft. The 1998 Civil Aviation Safety Regulations provide the framework for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001, which are considered legislative instruments under the Legislative Instruments Act 2003. These directives are critical for maintaining airworthiness in accordance with the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, is tasked with assessing ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs to ensure compliance with international standards and the continuing airworthiness of aircraft registered in Australia. This legislative approach ensures that Australia meets its obligations under international aviation agreements while maintaining high safety standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the framework for issuing airworthiness directives (ADs) under Australian aviation law. The Act empowers the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These directives are legislative instruments under the Legislative Instruments Act 2003 and are designed to ensure the continuing airworthiness of aircraft registered in Australia. The State of Design, which in this case is the United States for General Electric CF6-80C2B series engines, has the primary responsibility for issuing ADs, while the State of Registry, represented by CASA, must then assess and, if necessary, issue corresponding Australian ADs to comply with international obligations under the Convention on International Civil Aviation. The ADs are issued without public consultation and do not require a Regulatory Impact Statement, reflecting their technical and safety-focused nature.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998 (the Regulations) are section 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products, and subregulation 39.001(5), which defines an AD as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument under the Legislative Instruments Act 2003. These provisions empower CASA to issue ADs in accordance with the principles set out in Annex 8 to the Convention on International Civil Aviation. This ensures that the State of Design provides necessary information for the continuing airworthiness of aircraft types, while the State of Registry, in this case CASA, is responsible for ensuring the continuing airworthiness of individual aircraft on the Australian Register.
The obligations and requirements imposed by the Civil Aviation Safety Regulations 1998 on the parties governed by it include the responsibility of the State of Design to provide necessary information for the continuing airworthiness of aircraft types. The State of Registry, represented by CASA in Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered in Australia. When the United States, as the State of Design, issues an AD for a type of aircraft registered in Australia, CASA must assess this information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. This ensures that Australian registered aircraft comply with international safety standards and maintain airworthiness as per the obligations under the Convention on International Civil Aviation.
The Act does not specify any specific offences, penalties, or consequences for breaches of the Civil Aviation Safety Regulations 1998. However, the issuing of ADs is a regulatory measure designed to ensure the safety of air navigation and compliance with international standards. Failure to comply with an AD could potentially lead to legal consequences under other relevant legislation, such as the Civil Aviation Act 1988, which governs the operation of aircraft in Australian airspace. Non-compliance with ADs could result in penalties such as fines, suspension or revocation of airworthiness certificates, and other enforcement actions by CASA to ensure adherence to safety standards.