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 2009-05-02 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/CF6/73, which will become effective 7 May 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 Group on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, focusing on the safety of air navigation. This Act empowers the Governor-General to make regulations for the purposes of the Act, ensuring the safety of air navigation, as stipulated in section 98. The Civil Aviation Safety Regulations 1998 further detail the regulatory framework, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to maintain the continuing airworthiness of aircraft types and aeronautical products. These ADs are legislative instruments, subject to disallowance and oversight as per the Legislative Instruments Act 2003. The issuance of these directives is in line with international obligations under the Convention on International Civil Aviation, where the State of Design is responsible for the continuing airworthiness of aircraft types, and the State of Registry must ensure compliance with such directives.
This legislative framework ensures that CASA, as Australia's national airworthiness authority, can mandate requirements when an AD is issued by the relevant State of Design. For instance, CASA has issued Australian AD/CF6/73 in response to the United States Federal Aviation Administration's AD 2009-05-02 concerning General Electric CF6 series engines. The issuance of these ADs does not require public consultation and has been determined by the Office of Regulatory Review not to necessitate a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 applies to the regulation of civil aviation in Australia, with a particular emphasis on ensuring the safety of air navigation. Under this Act, the Governor-General has the authority to make regulations that serve the interests of aviation safety, including the issuance of airworthiness directives (ADs) as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments as defined under section 6 of the Legislative Instruments Act 2003 and are disallowable under section 46A of the Acts Interpretation Act 1901. The ADs pertain to specific kinds of aircraft or aeronautical products and are issued in accordance with Australia’s obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design has the overall responsibility for the continuing airworthiness of an aircraft type. Consequently, when a State of Design issues an AD, the Civil Aviation Safety Authority (CASA) must assess the information and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design. The issuance of these ADs does not require public consultation and does not necessitate a Regulatory Impact Statement. This process ensures that aircraft registered in Australia meet international standards of airworthiness, thereby maintaining the safety and reliability of air navigation.
Key Provisions
The Civil Aviation Act 1988, as amended, and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations in the interest of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are legislative instruments that can be disallowed under the Acts Interpretation Act 1901, and their creation is regulated by the Legislative Instruments Act 2003.
The obligations under this Act and the Regulations are primarily directed at ensuring the continuing airworthiness of aircraft and aeronautical products. According to Annex 8 to the Convention on International Civil Aviation, the State of Design has the responsibility for the continuing airworthiness of an aircraft type, and must share necessary information with the States of Registry to ensure compliance with safety standards. The State of Registry, in this case CASA, is responsible for ensuring the continuing airworthiness of specific aircraft within its jurisdiction. When a State of Design issues an AD, CASA must review the information and, if deemed necessary, issue an Australian AD to enforce the requirements set by the State of Design.
Failure to comply with an AD can have serious legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD may result in civil or criminal penalties. Civil penalties can include fines up to a specified amount, while criminal penalties can lead to imprisonment for a certain period. The exact penalties depend on the nature and severity of the breach, but the Act provides for significant deterrents to ensure adherence to airworthiness standards.
CASA has issued Australian AD/CF6/73 in response to a United States Federal Aviation Administration AD 2009-05-02 concerning General Electric CF6 series engines. Given that this AD is issued pursuant to international obligations and in response to a directive from the relevant State of Design, no public consultation has been conducted. The Office of Regulatory Review has also determined that such ADs do not require a Regulatory Impact Statement. The AD was issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Group on behalf of CASA, in accordance with the relevant provisions of the Act.