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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/CF6/66 affecting General Electric CF6 series turbine engines. The United States FAA issued AD 2007-11-18R1 on 16 November 2009 which supersedes the requirements of AD/CF6/66 and as such this AD has been cancelled. The United States is the state of design for these engines. The cancellation will become effective on 4 January 2010.
No consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legislative framework for ensuring the safety of civil aviation in Australia. It empowers the Governor-General to make regulations that safeguard air navigation, as seen in the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. This regulation allows the Civil Aviation Safety Authority (CASA) to issue ADs for aircraft or aeronautical products, which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. The policy objective of the Act is to uphold the highest standards of safety in air navigation, in line with international conventions such as Annex 8 to the Convention on International Civil Aviation, which assigns responsibilities to the State of Design and State of Registry for the continuing airworthiness of aircraft.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments that mandate safety requirements for the continuing airworthiness of aircraft registered in Australia. The Act applies to aircraft registered in Australia and is enforced by CASA as the national airworthiness authority. The ADs are intended to ensure the safety of air navigation and are issued in accordance with international standards set by the International Civil Aviation Organization (ICAO). Specifically, the State of Design holds responsibility for the continuing airworthiness of an aircraft type, and the State of Registry must implement the necessary requirements to maintain airworthiness. This Act's jurisdiction covers all aircraft registered in Australia, irrespective of their location, and it extends to ensuring compliance with international standards and directives from the State of Design.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (39.001(5)). This authority is exercised under section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to create regulations in the interest of air navigation safety. Notably, ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are considered legislative instruments as per section 6 of the Legislative Instruments Act 2003.
In accordance with Annex 8 of the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type. This responsibility includes providing necessary information to the States of Registry to ensure the aircraft's continuing airworthiness. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements stipulated by the State of Design. The State of Registry, on the other hand, is responsible for the continuing airworthiness of individual aircraft and must establish or adopt requirements to uphold this responsibility.
CASA issued AD/CF6/66, which pertains to General Electric CF6 series turbine engines. However, the United States Federal Aviation Administration (FAA) issued AD 2007-11-18R1 on 16 November 2009, which supersedes AD/CF6/66. Consequently, AD/CF6/66 has been cancelled, and the cancellation will take effect on 4 January 2010. It is important to note that the United States is the state of design for these engines. There has been no consultation with the Australian public regarding this AD cancellation, and the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
The AD was issued by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch on behalf of CASA, in compliance with subsection 94(1) of the Civil Aviation Act 1988. Failure to comply with the ADs can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance can lead to civil penalties, including fines of up to $22,200 for individuals and $111,000 for corporations. Additionally, criminal penalties may apply, with individuals facing imprisonment for up to two years and corporations for up to five years. These penalties underscore the importance of adhering to ADs to ensure the safety of air navigation.