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 2007-11-18 affecting General Electric CF6-50 series engines. The United States is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/CF6/66, 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 was enacted to establish a comprehensive legal framework for the regulation of civil aviation in Australia. It serves to ensure the safety and efficiency of civil aviation operations within the country. The Act empowers the Governor-General to make regulations in the interests of air navigation safety, a key policy objective of the legislation. One such regulation is the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives, which are legislative instruments, play a critical role in maintaining the continuing airworthiness of aircraft as per international standards set by the International Civil Aviation Organization (ICAO). CASA, acting as Australia's national airworthiness authority, issues these directives in response to those issued by the State of Design or as part of Australia's obligations under international conventions, without necessitating public consultation. This streamlined approach ensures timely and efficient compliance with international safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, as authorised by the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products to ensure the safety of air navigation. Under these regulations, ADs serve as a primary means for communicating continuing airworthiness information and are a legislative instrument that can be disallowed under the Acts Interpretation Act 1901. These directives apply to aircraft registered in Australia and are particularly relevant when a State of Design, such as the United States for General Electric CF6-50 series engines, issues an AD that CASA must then assess and, if necessary, mandate through an Australian AD. The ADs are part of Australia’s obligations under the Convention on International Civil Aviation, and as such, they do not require public consultation or a Regulatory Impact Statement. The ADs are issued by CASA, following the assessment of the relevant international ADs, to ensure compliance with international standards and the continuing airworthiness of aircraft registered in Australia.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to make regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft or aeronautical products. As per subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus are legislative instruments under section 6 of the Legislative Instruments Act 2003. Annex 8 of the Convention on International Civil Aviation assigns the State of Design the overarching responsibility for the continuing airworthiness of an aircraft type, requiring them to provide necessary information to ensure compliance with safety standards. The State of Registry is tasked with ensuring the continuing airworthiness of individual aircraft, developing or adopting requisite requirements as per Annex 8.
Under these regulations, the State of Design for the General Electric CF6-50 series engines, the United States, issued AD 2007-11-18. CASA, as Australia's national airworthiness authority, assessed this directive and issued Australian AD/CF6/66, effective from 2 August 2007. This process ensures compliance with international civil aviation obligations and responds to directives from the relevant State of Design. Given that this AD is a direct response to international obligations and a State of Design directive, no consultation with the Australian public was necessary, and the Office of Regulatory Review has determined that a Regulatory Impact Statement is not required. The AD was issued by the Acting Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, as per subsection 84A(2) of the Act.
The obligations imposed by the Civil Aviation Safety Regulations 1998 require CASA to assess and, if necessary, issue Australian ADs in response to directives from the State of Design. The State of Design must provide necessary information to ensure the continuing airworthiness of aircraft types, while the State of Registry must implement measures to ensure the ongoing airworthiness of individual aircraft. For Australian operators, this means adhering to ADs issued by CASA, which are based on assessments of international directives. Non-compliance with these directives could lead to serious safety risks and potential legal repercussions.
For breaches of the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998, including failure to comply with an AD, various offences and penalties may apply. The Act provides for both civil and criminal penalties, depending on the nature and severity of the breach. Civil penalties can include fines, while criminal penalties may include imprisonment. The specific penalties are outlined in the Act and can vary significantly based on the circumstances of the breach. Operators and individuals must ensure strict compliance with ADs to avoid these potential consequences.