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 USA FAA has issued AD 2006-26-01 Amendment 39-14859 affecting CFM56 aircraft engines in 2006. USA is the State of Design for CFM engine types. CASA has assessed this AD and has issued Australian AD/CFM56/24, original issue, which will become effective on 3 January 2007.
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 for the regulation of civil aviation in Australia and to ensure the safety of air navigation. The Act empowers the Governor-General to make regulations, which are instrumental in maintaining the safety standards in civil aviation. One such regulation, Regulation 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives serve as a legislative instrument, aimed at ensuring the continuing airworthiness of aircraft in accordance with international standards set by the Convention on International Civil Aviation. The issuance of these directives is often in response to airworthiness concerns raised by the State of Design, necessitating that CASA, as Australia’s national airworthiness authority, assess and, if appropriate, issue corresponding Australian ADs to enforce the requirements set forth by the State of Design.
Scope and Application
The Civil Aviation Act 1988 applies to the regulation of civil aviation in Australia, encompassing a wide range of entities including aircraft operators, manufacturers, maintenance organisations, and other stakeholders involved in the operation and oversight of aircraft. The Act provides the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) aimed at ensuring the safety of air navigation. ADs are legislative instruments that mandate specific requirements for maintaining the airworthiness of certain types of aircraft or aeronautical products. These directives apply to all aircraft registered in Australia, regardless of their nationality, and are issued in response to safety concerns identified by the State of Design or other relevant authorities. The scope of the ADs extends nationally, reflecting Australia's commitment to international aviation safety standards as outlined in the Convention on International Civil Aviation. Exemptions or exclusions from ADs are not explicitly detailed in the provided text, but they are likely to be determined on a case-by-case basis by CASA in consultation with relevant stakeholders. The issuance of ADs does not require public consultation or a Regulatory Impact Statement, reflecting the urgency and importance of addressing safety issues in the aviation sector.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs). Under section 98 of the Act, the Governor-General has the authority to make regulations in the interest of air navigation safety, and regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. An AD is a legislative instrument and is subject to disallowance under section 46A of the Acts Interpretation Act 1901. This regulatory mechanism is essential for maintaining the safety standards required under Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Act and Regulations require the State of Design to ensure the continuing airworthiness of an aircraft type and provide necessary information to the State of Registry. The State of Registry, in this case CASA, must then assess the information and issue an Australian AD if appropriate. This ensures that the Australian Register complies with international safety standards and mandates the necessary safety requirements for aircraft registered in Australia. CASA, as the national airworthiness authority, must rigorously evaluate the information from the State of Design and implement any necessary measures to ensure compliance with safety regulations.
Failure to comply with ADs can result in significant consequences. Under the Civil Aviation Act 1988, any person who contravenes an AD may face civil penalties. Specifically, section 40 of the Act provides for a penalty of up to $33,000 for individuals and $165,000 for corporations for each offence. Additionally, non-compliance with an AD can also lead to criminal charges under section 41, which may result in fines of up to $275,000 for individuals and $1.375 million for corporations, along with potential imprisonment terms. These penalties underscore the seriousness of adhering to airworthiness directives and the importance of maintaining high safety standards in the aviation industry.