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 2009-07-10 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/CF6/75, which will become effective on 4 June 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, enacted by the Australian Parliament, establishes the legal framework for the regulation of civil aviation within Australia, with a primary focus on ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to create regulations under section 98, facilitating the oversight of airworthiness and safety standards. The Civil Aviation Safety Regulations 1998, made pursuant to the Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products, as outlined in regulation 39.001. These directives are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The Civil Aviation Act 1988, therefore, addresses the need for a robust regulatory structure to manage and maintain the safety and airworthiness of aircraft operating in Australian airspace, aligning with international standards as set forth in the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This legislative instrument is designed to maintain the continuing airworthiness of aircraft registered in Australia, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. In this context, CASA must issue an Australian AD if a State of Design, such as the United States for General Electric CF6 series engines, issues a corresponding AD. This process ensures that Australian-registered aircraft meet international safety standards and aligns with Australia's obligations under the Convention on International Civil Aviation. Notably, because ADs are issued in response to directives from the State of Design and are integral to international aviation safety protocols, they do not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs are formal notifications that mandate certain actions to maintain the airworthiness of the aircraft. Regulation 39.001(5) further classifies ADs as disallowable instruments under the Acts Interpretation Act 1901, and hence, they are also recognised as legislative instruments under section 6 of the Legislative Instruments Act 2003. This regulatory framework ensures that ADs are systematically managed and have legal standing in the enforcement of aviation safety standards.
Under these regulations, the State of Design—the country where the aircraft is designed—holds the primary responsibility for ensuring the continuing airworthiness of the aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This State must furnish any necessary information to the appropriate States of Registry to help maintain airworthiness. Conversely, the State of Registry—the country where the aircraft is registered—must develop or adopt requisite regulations to uphold the continuing airworthiness of the aircraft within its jurisdiction. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, is obligated to evaluate this information and, if appropriate, issue an Australian AD that enforces the requirements set by the State of Design.
In compliance with these international obligations, CASA has assessed the United States Federal Aviation Administration's (FAA) AD 2009-07-10, which pertains to General Electric CF6 series engines, and has issued Australian AD/CF6/75, effective from 4 June 2009. Given that this AD is issued in response to an international requirement and in alignment with the Convention on International Civil Aviation, no public consultation was deemed necessary. The Office of Regulatory Review has also determined that such ADs do not necessitate a Regulatory Impact Statement. The AD was drafted by the Manager, Systems and New Technologies, within CASA's Airworthiness Engineering Group, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Failure to comply with the mandates outlined in an AD can lead to significant consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose stringent obligations on aircraft operators, manufacturers, and maintenance providers to adhere to the specified safety standards. Non-compliance can result in severe civil penalties, including fines and potential grounding of aircraft, as well as criminal charges for serious violations. The maximum penalties can vary, but they are designed to ensure that airworthiness directives are taken seriously and enforced rigorously to maintain the highest standards of aviation safety.