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 has issued ADs 90-12-06, 96-16-07, 2005-26-06, and 2007-21-06 affecting General Electric CF6 turbine engines. The United States of America is the State of Design for these engine types. CASA has assessed these ADs and has issued Australian AD/CF6/78, which will become effective on 8 November 2010.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to ADs 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 Manager, 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 was enacted to regulate civil aviation in Australia, ensuring the safety and efficiency of air navigation and the continuing airworthiness of aircraft. The Act empowers the Governor-General to make regulations under section 98, which are aimed at enhancing air navigation safety. The Civil Aviation Safety Regulations 1998, particularly regulation 39.001, delegate the authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, disallowable under the Acts Interpretation Act 1901. The problem the legislation addresses is ensuring that aircraft registered in Australia meet international safety standards by adopting ADs issued by the State of Design and mandating their implementation through Australian ADs. This approach aligns with Australia’s obligations under the Convention on International Civil Aviation, ensuring compliance with global aviation safety standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the regulation of civil aviation in Australia, with a particular focus on ensuring the safety of air navigation. Under this legislation, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are intended to mandate the necessary requirements for maintaining the airworthiness of these aircraft and products. Such directives are considered legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The issuing of ADs is aligned with the international obligations under Annex 8 to the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness on the State of Design and the State of Registry. In response to ADs issued by the United States Federal Aviation Administration (FAA) for General Electric CF6 turbine engines, CASA has assessed the relevant information and issued Australian AD/CF6/78, effective from 8 November 2010. This Australian AD is a direct response to international obligations and the ADs of the relevant State of Design, and thus no public consultation or Regulatory Impact Statement was required.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. This authority is exercised through the Civil Aviation Safety Regulations 1998, where regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are not only crucial for maintaining safety standards but also serve as legislative instruments under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 place a significant responsibility on CASA as the national airworthiness authority. CASA must assess and potentially mandate the requirements of any ADs issued by the State of Design concerning aircraft types registered in Australia. This ensures that Australian aircraft meet international safety standards, particularly under Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in this context is Australia, is responsible for ensuring the continuing airworthiness of each individual aircraft, a duty that CASA executes by issuing relevant ADs when necessary.
The Civil Aviation Act 1988 and the associated regulations also outline the consequences for non-compliance with ADs. While the specific penalties are not detailed in the provided text, breaches of such regulations typically result in civil or criminal penalties. These could include fines, imprisonment, or both, depending on the severity of the violation. The seriousness of these consequences underscores the importance of adhering to ADs, which are integral to maintaining the safety and airworthiness of aircraft registered in Australia.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a robust framework for ensuring the safety of air navigation through the issuance and enforcement of airworthiness directives. CASA’s role is pivotal in assessing and implementing these directives, ensuring that Australian-registered aircraft meet international safety standards. Non-compliance with these directives can lead to significant legal consequences, reinforcing the critical importance of adhering to the regulatory requirements.