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 FAA issued AD 2009-07-03, affecting certain General Electric Company (GE) CF6-80C2 and CF6-80E1 series engines. The FAA is the State of Design for these engines. As a result of a request from industry, CASA has amended the equivalent Australian AD to notate the acceptability of an FAA Approved AMOC for compliance with the corresponding requirements of the Australian AD. The amended AD, AD/CF6/74 Amdt 1, will become effective on 1 December 2011. This AD cancels and replaces the previous issue.
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, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, was introduced to establish and regulate the safety and efficiency of civil aviation within Australia. It provides the legislative framework for ensuring air safety, including the regulation of airworthiness standards. The Civil Aviation Safety Regulations 1998 further detail these requirements, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to maintain the safety of aircraft. Under the authority granted by section 98 of the Civil Aviation Act 1988, and regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA can issue ADs for specific aircraft or aeronautical products. These directives are legislative instruments subject to disallowance and review, ensuring they meet the safety standards set by the Act. The recent amendment to AD/CF6/74 Amdt 1, issued in response to an AD by the Federal Aviation Administration (FAA), reflects Australia's commitment to international aviation safety standards under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, ensuring the safety of air navigation and continuing airworthiness of aircraft types. Under section 98 of the Act, the Governor-General has the authority to make regulations that align with the interests of aviation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, which are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These directives are integral to adhering to the International Civil Aviation Organization's (ICAO) standards and recommendations, particularly under Annex 8, which mandates the State of Design to maintain airworthiness information and the State of Registry to ensure the ongoing airworthiness of aircraft. CASA, as Australia’s national airworthiness authority, must assess and, if necessary, issue Australian ADs in response to directives from the relevant State of Design to comply with international obligations. The recent amendment to the Australian AD regarding General Electric Company CF6-80C2 and CF6-80E1 series engines, in response to an AD issued by the Federal Aviation Administration, demonstrates the practical application of these provisions without the need for public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation (Airworthiness) Regulations 1998, under regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are issued to ensure the continuing airworthiness of aircraft and are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 (subsection 39.001(5) of the Civil Aviation Safety Regulations 1998). The State of Design, which is the country responsible for the design of the aircraft type, has a duty to provide necessary information to ensure the aircraft's continuing airworthiness, and the State of Registry must ensure that the aircraft remains airworthy. This process ensures compliance with Annex 8 to the Convention on International Civil Aviation.
Under the Civil Aviation Act 1988, the Governor-General has the authority to make regulations in the interest of safety in air navigation, and CASA, as Australia's national airworthiness authority, must assess information provided by the State of Design and issue corresponding Australian ADs if necessary. The Federal Aviation Administration (FAA), as the State of Design for certain General Electric Company (GE) CF6-80C2 and CF6-80E1 series engines, issued AD 2009-07-03. CASA amended the equivalent Australian AD to note the acceptability of an FAA Approved AMOC for compliance with the corresponding requirements of the Australian AD. This amendment, AD/CF6/74 Amdt 1, became effective on 1 December 2011, replacing the previous issue.
The Civil Aviation (Airworthiness) Regulations 1998 require CASA to assess information from the State of Design and issue Australian ADs as necessary. Failure to comply with ADs can result in serious safety issues and potential penalties. Under section 94(1) of the Civil Aviation Act 1988, CASA issues ADs on behalf of the Governor-General, and non-compliance with these directives can lead to enforcement actions, including fines and potential criminal charges for serious violations. It is important for aircraft operators to adhere to ADs to ensure the safety and airworthiness of their aircraft.