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 US FAA has issued AD 2007-18-10 affecting General Electric CF6 engines. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/CF6/67, which will become effective on 22 November 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, governs the regulation of civil aviation within Australia, with a strong emphasis on safety. The Act empowers the Governor-General to create regulations for air navigation safety, as outlined in section 98, and the Civil Aviation Safety Regulations 1998 further elaborate on these provisions, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001. These ADs are legislative instruments subject to disallowance and were introduced to ensure the continuing airworthiness of aircraft types, aligning with international standards under Annex 8 of the Convention on International Civil Aviation. The policy objective is to maintain high safety standards in line with international obligations and to ensure that Australian-registered aircraft meet the necessary safety requirements as dictated by their State of Design.
In the specific case of AD 2007-18-10 concerning General Electric CF6 engines, CASA has issued Australian AD/CF6/67 in response to an AD issued by the United States Federal Aviation Administration (FAA), the State of Design for this aircraft engine type. Given that this directive is a response to international obligations and an AD from the State of Design, no public consultation was required, and the Office of Best Practice Regulation confirmed that a Regulatory Impact Statement was unnecessary. This Australian AD was issued by the Manager, Systems in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988, reflecting the legislative framework's intent to uphold stringent safety standards and international compliance.
Scope and Application
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 provide the framework for ensuring the safety of air navigation in Australia, with the Civil Aviation Safety Authority (CASA) being the national airworthiness authority. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, which are legislative instruments that must comply with the Legislative Instruments Act 2003. These ADs are intended to address safety concerns identified by the State of Design and are essential for maintaining the continuing airworthiness of aircraft registered in Australia. The issuance of ADs is driven by international obligations under the Convention on International Civil Aviation, which mandates that the State of Design provides necessary information for ensuring airworthiness, and the State of Registry implements these requirements domestically. For example, following the issuance of an AD by the US Federal Aviation Administration (FAA) for General Electric CF6 engines, CASA assessed the relevant information and issued an Australian AD to enforce the necessary safety measures. Given the international context and the technical nature of ADs, there is no requirement for public consultation or a Regulatory Impact Statement, and they are issued by CASA in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, through section 98, allows the Governor-General to establish regulations that aim to ensure the safety of air navigation. Within this framework, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. According to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, which means they are legislative instruments. This is further confirmed by section 6 of the Legislative Instruments Act 2003.
The obligations placed upon parties by this legislation are significant. The State of Design, which is the country where the aircraft type was designed, bears overall responsibility for the continuing airworthiness of the aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing necessary information to ensure the continuing airworthiness of the type to the States of Registry. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft on its registry. In the case of Australia, CASA, as the national airworthiness authority, is responsible for assessing the information provided by the State of Design and, if necessary, issuing an Australian AD to mandate the requirements of the State of Design.
There are specific consequences for non-compliance with the provisions set out in the Civil Aviation Safety Regulations 1998. While the text does not explicitly mention penalties, it is reasonable to infer that breaches of airworthiness directives, which are legislative instruments, could result in civil or criminal penalties. Such penalties could include fines or imprisonment, depending on the severity and nature of the breach. The exact penalties would be determined by other relevant legislation and the discretion of the courts.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a robust framework for ensuring the safety and airworthiness of aircraft registered in Australia. This involves a coordinated effort between the State of Design and the State of Registry, with CASA playing a crucial role in the assessment and enforcement of airworthiness directives. Failure to comply with these regulations could have serious legal consequences, underscoring the importance of adhering to the provisions of the Act and its associated regulations.