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 French DGAC has issued AD F-2003-456 Revision 2 affecting CFM 56-5 aircraft engines. Europe / France is the State of Design for CFM 56 Gas Turbine Engine types. CASA has assessed this AD and has issued Australian AD/CFM56/25, which will become effective on 15 March 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 establish a framework for the regulation of civil aviation in Australia, with the overarching aim of ensuring the safety of air navigation. This Act empowers the Governor-General to make regulations in the interest of safety, as seen in the Civil Aviation Safety Regulations 1998. One significant regulation under this Act is the ability for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning aircraft or aeronautical products, which are legislative instruments subject to disallowance. These directives serve as a primary means of maintaining the continuing airworthiness of aircraft, as stipulated under Annex 8 to the Convention on International Civil Aviation. The Act ensures that Australia's national airworthiness authority, CASA, must address airworthiness directives issued by the State of Design and implement corresponding Australian ADs, thereby fulfilling international obligations and ensuring safety standards are uniformly upheld.
The enactment of the Civil Aviation Safety Regulations 1998 under the Civil Aviation Act 1988, specifically regulation 39.001, enables CASA to issue ADs, which are critical for maintaining the safety and airworthiness of aircraft registered in Australia. These regulations align with international obligations under the Convention on International Civil Aviation, where the State of Design has the primary responsibility for ensuring the continuing airworthiness of aircraft types and must provide necessary information to the States of Registry. CASA, as Australia's national airworthiness authority, must assess such information and, when necessary, issue corresponding Australian ADs to mandate the requirements of the State of Design. The process for issuing such ADs, such as the recent Australian AD/CFM56/25 concerning CFM 56-5 aircraft engines, involves CASA assessing directives issued by the relevant State of Design and promulgating them as Australian ADs. This legislative framework ensures that international safety standards are adopted and enforced within Australia, reflecting the policy objective of maintaining the highest safety standards in civil aviation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia. Pursuant to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations necessary for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are mandated by Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which places responsibility for the continuing airworthiness of aircraft types on the State of Design and the State of Registry. CASA, as Australia's national airworthiness authority, must assess and issue corresponding Australian ADs when required by the State of Design, such as in the case of AD F-2003-456 Revision 2 issued by the French DGAC concerning CFM 56-5 aircraft engines. This process does not involve public consultation or require a Regulatory Impact Statement, as it is a direct response to international obligations and directives.
Key Provisions
The Civil Aviation Act 1988, as augmented by the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) under regulation 39.001. These ADs apply to specific types of aircraft or aeronautical products. Section 98 of the Act empowers the Governor-General to enact such regulations to ensure the safety of air navigation, while subregulation 39.001(5) classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, thus recognising them as legislative instruments in line with section 6 of the Legislative Instruments Act 2003. This legislative framework is designed to maintain and enhance the safety standards in civil aviation.
In accordance with the obligations set forth by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA is tasked with the responsibility of assessing ADs issued by the State of Design—in this case, the French DGAC, which issued AD F-2003-456 Revision 2 concerning CFM 56-5 aircraft engines. As the State of Registry for aircraft on the Australian Register, CASA must ensure that the continuing airworthiness of these aircraft is maintained by either developing or adopting appropriate requirements. When a State of Design issues an AD, CASA evaluates the information and, if necessary, issues an Australian AD to enforce the requirements stipulated by the State of Design.
The AD issued by CASA, known as AD/CFM56/25, is a direct response to the international obligations under the Convention on International Civil Aviation and the AD issued by the French DGAC. Given that this AD is a result of these international commitments and does not require public consultation, it streamlines the process of maintaining airworthiness standards. Additionally, the Office of Regulatory Review has concluded that such ADs do not necessitate a Regulatory Impact Statement, further expediting the issuance process.
In terms of potential breaches and the associated consequences, the legislation does not specify particular offences or penalties within the provided text. However, non-compliance with ADs could potentially lead to civil or criminal liability under broader aviation safety laws, including fines and imprisonment, as stipulated by other sections of the Civil Aviation Act 1988. The authority of CASA to enforce compliance ensures that any breaches are addressed promptly to uphold the high standards of aviation safety.