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 EASA has issued AD 2009-0088R1 affecting CFM International CFM56 series engines. France is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/CFM 56/30, which will become effective on
2 July 2009.
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, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 is a comprehensive piece of legislation that governs civil aviation in Australia. This Act was enacted by the Australian Parliament to establish a legal framework for ensuring the safety, efficiency, and orderly development of civil aviation. One of its key provisions is the authority it grants to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The purpose of these ADs is to mandate the necessary requirements to ensure the continuing airworthiness of aircraft and aeronautical products, thus aligning with international obligations under the Convention on International Civil Aviation. This legislative mechanism is critical for maintaining safety standards in response to identified issues or risks, and for ensuring compliance with international safety directives issued by the relevant State of Design.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, establishes the framework within which airworthiness directives (ADs) are issued in Australia. Under this legislation, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. This authority is exercised pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998, with ADs being recognised as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and as legislative instruments under the Legislative Instruments Act 2003. The ADs apply to aircraft registered in Australia and are intended to comply with international obligations under the Convention on International Civil Aviation, specifically Annex 8, which assigns responsibility for the continuing airworthiness of aircraft types to their State of Design and to the State of Registry for individual aircraft. In cases where a State of Design issues an AD for a type of aircraft registered in Australia, CASA, as the national airworthiness authority, is obligated to assess and, if necessary, issue an Australian AD to enforce the requirements specified by the State of Design. This ensures that Australian aircraft meet international safety standards, thereby facilitating the safe operation of civil aviation both nationally and internationally.
Key Provisions
The Civil Aviation Act 1988, through section 98, allows the Governor-General to create regulations that support the Act and enhance air navigation safety. Section 39.001 of the Civil Aviation Safety Regulations 1998 empowers 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), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments under section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are critical for ensuring the continuing airworthiness of aircraft types. The State of Design, as per Annex 8 to the Convention on International Civil Aviation, holds primary responsibility for the airworthiness of aircraft types and must provide necessary information to the States of Registry to maintain airworthiness. The State of Registry, in turn, must establish or adopt requirements to ensure the airworthiness of aircraft. When a State of Design issues an AD, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the State of Design’s requirements. This ensures that all aircraft within the Australian Register meet the necessary safety standards.
The European Aviation Safety Agency (EASA) has issued AD 2009-0088R1 concerning CFM International CFM56 series engines, with France as the State of Design. CASA has reviewed this AD and issued Australian AD/CFM 56/30, which will take effect on 2 July 2009. Given that this AD is issued due to Australia’s obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, no public consultation has been conducted. The Office of Regulatory Review has also determined that such ADs do not require a Regulatory Impact Statement. This AD was made by the Manager, Systems and New Technologies, in the Airworthiness Engineering Group, on behalf of CASA, in compliance with subsection 84A(2) of the Act.
Breaching the requirements of an AD can result in significant legal consequences. Non-compliance with airworthiness directives may lead to enforcement actions by CASA, which can include fines, suspension of airworthiness certificates, or other administrative penalties. The severity of these consequences depends on the nature and extent of the non-compliance, but the overarching goal is to ensure that all aircraft meet the highest safety standards, thereby protecting the public and maintaining the integrity of the aviation industry.