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 AD 2005-07-05 affecting CF6 engines. The USA is the State of Design for these engines types. CASA has assessed this AD and has issued Australian AD/CF6/79, which will become effective on 11 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 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 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, addressing the need for safety standards and regulatory oversight in the aviation industry. One of its key provisions allows the Governor-General to make regulations in the interests of the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under this Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft and aeronautical products, ensuring compliance with international standards and the continuing airworthiness of aircraft. These directives are considered legislative instruments and are subject to disallowance. CASA's role in issuing ADs, especially in response to directives from the State of Design under the Convention on International Civil Aviation, ensures that Australia meets its international obligations while maintaining the safety of air navigation. The process of issuing such directives is designed to be efficient, with no public consultation required due to the nature of the international obligations involved.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning particular types of aircraft or aeronautical products. This regulation operates under the overarching authority granted by section 98 of the Civil Aviation Act 1988, which allows for regulations to be made in the interest of air navigation safety. These ADs serve as legislative instruments, subject to disallowance and oversight in accordance with the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are integral to the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 of the Convention on International Civil Aviation, where the State of Design has the primary responsibility for the airworthiness of aircraft types, and the State of Registry must ensure the aircraft's continued compliance with safety standards. In the case of foreign-designed aircraft or aeronautical products, such as the CF6 engines addressed by AD 2005-07-05 from the FAA, CASA must evaluate and, if necessary, issue corresponding Australian ADs to meet these international obligations. This process ensures that Australian-registered aircraft meet the safety standards set by the international aviation community.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 (section 98 of the Act). These ADs, as specified in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments under section 6 of the Legislative Instruments Act 2003. They are intended to ensure the continuing airworthiness of aircraft types and aeronautical products. The State of Design, which in this case is the United States for CF6 engines, holds primary responsibility for the continuing airworthiness of the aircraft type, and must provide necessary information to the State of Registry. In Australia, CASA, as the national airworthiness authority, is responsible for assessing and, if necessary, issuing Australian ADs to enforce the requirements of the State of Design.
The obligations under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 mandate that CASA, as Australia’s national airworthiness authority, must review and assess any ADs issued by the State of Design. If the AD is deemed appropriate, CASA is required to issue a corresponding Australian AD to ensure compliance with the continuing airworthiness standards. This process is governed by Annex 8 to the Convention on International Civil Aviation, which stipulates the responsibilities of the State of Design and the State of Registry. CASA must ensure that the AD issued complies with these international standards and that the continuing airworthiness of the aircraft is maintained. Additionally, the State of Registry, in this case, Australia, is responsible for implementing and enforcing the requirements of the AD within its jurisdiction.
Failure to comply with the ADs issued by CASA can lead to various consequences. Under the Civil Aviation Act 1988, non-compliance can result in civil penalties, including fines and other sanctions. The severity of these penalties can vary based on the nature and extent of the non-compliance. Additionally, persistent non-compliance or serious breaches may lead to criminal charges, which could result in more severe penalties, including imprisonment. The specific penalties are not detailed in the text but are subject to the general provisions of the Act and related regulations. CASA is also empowered to take enforcement actions such as grounding non-compliant aircraft or imposing operational restrictions to ensure safety and compliance.
The ADs are developed in accordance with the legislative framework provided by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. The AD for the CF6 engines, AD/CF6/79, was issued by the Manager, Continuing Airworthiness, within CASA’s Airworthiness and Engineering Branch, in compliance with subsection 94(1) of the Act. This process is conducted under Australia’s obligations to the Convention on International Civil Aviation and in response to the AD issued by the USA, the State of Design. Given the international nature of ADs, there is no requirement for public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. This ensures that ADs are issued efficiently to address safety concerns without unnecessary delays.