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 2009-14-08 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/CF6/77, which will become effective on 5 August 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 and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to ensure the safety and efficiency of civil aviation, empowers the Governor-General to make regulations for the purposes of the Act, particularly under section 98, which addresses the safety of air navigation. This Act was enacted by the Commonwealth Parliament and aims to provide a robust legislative framework for the regulation of civil aviation in Australia. One of its critical provisions is the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives serve as a legislative instrument, mandated by international standards set forth in Annex 8 to the Convention on International Civil Aviation, and are essential for maintaining the continuing airworthiness of aircraft types. CASA, acting as Australia's national airworthiness authority, is obligated to issue Australian ADs in response to directives from the State of Design when they affect aircraft registered in Australia, ensuring compliance with international safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are essential for ensuring the continuing airworthiness of aircraft registered in Australia and are mandated by Australia's obligations under the Convention on International Civil Aviation. The State of Design, such as the United States in the case of General Electric CF6 series engines, holds the primary responsibility for issuing ADs. CASA, acting as Australia's national airworthiness authority, evaluates these international directives and, when necessary, issues corresponding Australian ADs to enforce the required safety measures. This process ensures that aircraft registered in Australia meet international safety standards, even though no public consultation or Regulatory Impact Statement is required for these directives, as determined by the Office of Regulatory Review. The ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and are created in accordance with the Legislative Instruments Act 2003.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. This authority extends to the Civil Aviation Safety Regulations 1998 (regulation 39.001), which specifically allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. An AD is defined as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and it is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003. These directives serve as a mechanism for ensuring the continuing airworthiness of aircraft, a responsibility that primarily lies with the State of Design but is enforced by the State of Registry, in this case, Australia.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA include the assessment of ADs issued by the State of Design, such as the United States in the case of General Electric CF6 series engines. CASA must evaluate the relevance and necessity of these directives for aircraft registered in Australia and, if deemed appropriate, issue corresponding Australian ADs. This process ensures compliance with international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, which places the onus on the State of Design to provide necessary information to maintain the airworthiness of aircraft types. The State of Registry, in this context Australia, must then implement these directives through Australian ADs to mandate the required safety measures.
Failure to comply with ADs can result in significant consequences. The Civil Aviation Act 1988 and associated regulations impose strict requirements on aircraft operators and owners to adhere to ADs. Non-compliance can lead to enforcement actions by CASA, including potential civil penalties. The severity of these penalties can vary but may include fines or other monetary penalties, depending on the nature and extent of the breach. Additionally, continued non-compliance or repeated offences can result in more severe civil or criminal penalties, including the potential grounding of aircraft or legal action against the operator.
The Civil Aviation Safety Regulations 1998 also outline the process by which ADs are issued and enforced. Regulation 39.001 provides the legal basis for CASA to issue ADs, and subregulation 39.001(5) clarifies that these directives are legislative instruments. The regulations mandate that CASA must act swiftly to assess and implement ADs issued by the State of Design, ensuring that all aircraft within the Australian Register meet the required safety standards. This process is designed to maintain the highest levels of safety in air navigation and to ensure that all aircraft operate within the bounds of internationally recognised standards.
The Office of Regulatory Review has determined that ADs, such as the Australian AD/CF6/77, do not require a Regulatory Impact Statement, and no public consultation has taken place, given the international obligations and the direct response to a State of Design AD. The Manager, Systems and New Technologies in the Airworthiness and Engineering Branch at CASA issued this AD in accordance with subsection 84A(2) of the Act, ensuring that all regulatory and procedural requirements are met. This systematic approach underscores the importance of maintaining stringent safety standards and the collaborative nature of international civil aviation regulation.