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 2009-04-10 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/CF6/71 which will become effective on 9 April 2009.
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 Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, was introduced to provide a comprehensive legal framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. In the context of this Act, the Civil Aviation Safety Regulations 1998 were subsequently developed to further refine and implement specific safety measures. One such measure is the issuance of airworthiness directives (ADs) under regulation 39.001, which allows the Civil Aviation Safety Authority (CASA) to mandate safety requirements for certain types of aircraft or aeronautical products. This legislative mechanism is designed to uphold the international standards set by the Convention on International Civil Aviation, particularly in relation to the responsibilities of the State of Design and the State of Registry regarding aircraft airworthiness. The policy objective is to ensure that all aircraft operating in Australia meet stringent safety standards, thereby safeguarding public safety and maintaining Australia's commitment to international aviation safety protocols.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 govern the safety of air navigation in Australia, with the Civil Aviation Safety Authority (CASA) playing a pivotal role in enforcing these regulations. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products to ensure compliance with safety standards. These directives are legislated under section 98 of the Civil Aviation Act 1988, which mandates regulations for the safety of air navigation. The ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are subject to disallowance as per the Acts Interpretation Act 1901. The ADs are a requirement under Annex 8 to the Convention on International Civil Aviation, which necessitates that States of Design and Registry ensure the continuing airworthiness of aircraft types. CASA, as Australia's national airworthiness authority, must assess and, if necessary, issue Australian ADs in response to directives issued by the relevant State of Design. This ensures that Australian aircraft meet international safety standards. For example, CASA has issued Australian AD/CF6/71 in response to the United States Federal Aviation Administration's AD 2009-04-10 concerning General Electric CF6 series engines, ensuring that these engines meet Australian safety standards. Given the international nature and necessity of such directives, no public consultation is required, and the Office of Regulatory Review has determined that a Regulatory Impact Statement is unnecessary.
Key Provisions
The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products under regulation 39.001 (subsection 5). These ADs are critical instruments for ensuring the safety and airworthiness of aircraft and are considered legislative instruments according to section 6 of the Legislative Instruments Act 2003. They are also subject to disallowance under section 46A of the Acts Interpretation Act 1901.
Under the Civil Aviation Act 1988 and the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry to ensure safety. The State of Registry, which in Australia is CASA, must develop or adopt requirements to ensure the continuing airworthiness of aircraft on the Australian Register. When the United States, as the State of Design for General Electric CF6 series engines, issues an AD, CASA is obligated to assess this information and, if necessary, issue a corresponding Australian AD. This process is exemplified by CASA's issuance of Australian AD/CF6/71 in response to the United States FAA’s AD 2009-04-10.
CASA’s obligations include ensuring that ADs issued under its authority comply with international standards and are effective in maintaining airworthiness. CASA must act promptly to assess and, if required, issue ADs in response to directives from States of Design. This involves evaluating the safety implications of the AD and determining the necessary measures to be adopted within Australia. The authority to issue ADs is exercised by the Manager, Systems and New Technologies, in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Failure to comply with ADs can result in severe consequences. Civil penalties may be imposed for non-compliance with ADs, and in some cases, criminal penalties may apply. The exact penalties depend on the nature and severity of the breach. Under the Civil Aviation Act 1988, the maximum penalty for contravening an AD can include fines and imprisonment. Additionally, CASA has the authority to suspend or revoke an aircraft’s certificate of airworthiness if an AD is not complied with, which can result in the aircraft being grounded and unable to fly until the required actions are taken.