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 2008-21-11 affecting General Electric CF6 series engines. The United States is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/CF6/70, which will become effective on 18 December 2008.
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, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, was introduced to establish a comprehensive framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. The Act empowers the Governor-General to create regulations that serve the interests of air navigation safety, delegating the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These airworthiness directives are legislative instruments that play a crucial role in maintaining the continuing airworthiness of aircraft, in line with international obligations under the Convention on International Civil Aviation. The Act ensures that Australia’s national airworthiness authority, CASA, assesses and implements airworthiness directives issued by the States of Design, thereby fulfilling Australia's responsibilities as a State of Registry.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) in Australia, aiming to maintain the safety of air navigation. Specifically, under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the purposes of the Act, with a primary focus on ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. This regulatory mechanism is critical for addressing any identified safety issues and ensuring compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and are subject to scrutiny under the Legislative Instruments Act 2003. The ADs apply to all relevant aircraft registered in Australia and are issued in response to directives from the State of Design, necessitating CASA’s assessment and subsequent issuance of an Australian AD to mandate compliance with international safety requirements.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Under subregulation 39.001(5), an AD is deemed a disallowable instrument pursuant to section 46A of the Acts Interpretation Act 1901, and thus, an AD is classified as a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
Obligations and requirements imposed by the Act necessitate that the State of Design, responsible for the design of an aircraft type, ensures the continuing airworthiness of that type and provides necessary information to appropriate States of Registry. The State of Registry, which registers individual aircraft, is tasked with developing or adopting requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When a State of Design issues an AD, such as AD 2008-21-11 by the United States FAA concerning General Electric CF6 series engines, CASA must assess this information. If deemed appropriate, CASA is obligated to issue an Australian AD, as seen with AD/CF6/70, to mandate the requirements of the State of Design within Australia.
Failing to comply with an AD could result in severe consequences, including potential civil or criminal penalties. While the specific penalties are not detailed within the provided text, it is understood that non-compliance with airworthiness directives could lead to significant legal ramifications. Additionally, CASA's authority to issue ADs stems from its role as Australia’s national airworthiness authority, and the authority to disallow such directives under the Acts Interpretation Act 1901 underscores the seriousness with which non-compliance is treated.
The issuance of an AD is governed by Australia’s obligations under the Convention on International Civil Aviation, and as such, public consultation is not required. The Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The AD/CF6/70 was made by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A(2) of the Act, highlighting the structured process through which ADs are implemented to ensure aviation safety.