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 2002-26-06 affecting CFE Company CFE 738 series engines. The United States is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/CFE 738/2, which will become effective on 16 March 2006.
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, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, addressing the need for consistent and effective safety standards across the industry. This legislation empowers the Governor-General to make regulations that ensure the safety of air navigation, thereby creating a structured approach to maintaining air safety. Under the authority granted by section 98 of the Civil Aviation Act 1988, the Civil Aviation Safety Regulations 1998 were subsequently established to further delineate specific safety requirements, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs, which are legislative instruments under the Legislative Instruments Act 2003, play a critical role in maintaining the continuing airworthiness of aircraft by mandating compliance with safety standards set forth by the State of Design. The enactment of this Act and its regulations aims to align Australia's aviation safety practices with international standards, ensuring that both domestic and international aviation operations adhere to the highest safety benchmarks.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, establishes the framework for the issuance of airworthiness directives (ADs) in Australia, focusing on ensuring the safety of air navigation. According to section 98 of the Act, the Governor-General is empowered to make regulations necessary for air navigation safety, and under regulation 39.001 of the Regulations, the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance and review as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs mandate compliance with airworthiness requirements set by the State of Design, with CASA, as Australia’s national airworthiness authority, responsible for assessing and issuing corresponding Australian ADs in alignment with international standards set by the International Civil Aviation Organization (ICAO). In this context, the ADs extend to all relevant aircraft and aeronautical products registered in Australia, ensuring that the continuing airworthiness of these items is maintained in accordance with international obligations and domestic safety regulations.
Key Provisions
The Civil Aviation Act 1988, and specifically section 98, empowers the Governor-General to create regulations that align with the Act and prioritise air navigation safety. Under this legislative framework, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), ADs are classified as disallowable instruments as per section 46A of the Acts Interpretation Act 1901. Moreover, in accordance with section 6 of the Legislative Instruments Act 2003, ADs are considered legislative instruments.
The State of Design, in accordance with Annex 8 of the Convention on International Civil Aviation, bears the primary responsibility for the ongoing airworthiness of an aircraft type. This responsibility includes providing necessary information to ensure the aircraft's continued airworthiness to the relevant States of Registry. ADs serve as a common form of continuing airworthiness information and are issued by most ICAO Contracting States. Meanwhile, the State of Registry of an individual aircraft is responsible for its ongoing airworthiness. As per Annex 8, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA, acting as Australia’s national airworthiness authority, must assess the information and, if appropriate, issue an Australian AD to enforce the State of Design's requirements.
In this context, the United States Federal Aviation Administration (FAA) has issued AD 2002-26-06 concerning CFE Company CFE 738 series engines, with the United States as the State of Design for these engines. CASA has assessed this AD and issued Australian AD/CFE 738/2, which will become effective on 16 March 2006. Given that this AD is issued due to Australia's obligations under the Convention on International Civil Aviation, and in response to an AD raised by the relevant State of Design, no consultation of the Australian public has occurred regarding 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, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Regarding the obligations and requirements, the State of Design must provide necessary information to ensure the continuing airworthiness of an aircraft type, and the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft. CASA, as Australia’s national airworthiness authority, must assess the information provided by the State of Design and, if appropriate, issue an Australian AD to enforce the State of Design's requirements. The Act imposes penalties and consequences for non-compliance with ADs. Section 27 of the Civil Aviation Act 1988 outlines various civil and criminal penalties, including fines and imprisonment, for individuals and entities that fail to comply with airworthiness directives or other regulations under the Act. The specific penalties depend on the nature and severity of the breach, with maximum penalties ranging from fines of up to $165,000 for individuals and $825,000 for corporations, to imprisonment of up to two years for individuals and five years for corporations.