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 2009-0154-E affecting CFM International SA CFM 56 series engines. France is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/CFM56/32 which will become effective on
27 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, Future Technology and Regulatory Trends in the Standards Development and Future Technology Division, 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 national safety standards and effective oversight of the aviation industry. The Act empowers the Governor-General to create regulations that ensure the safety of air navigation, including the ability to issue airworthiness directives under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Regulations 1998 further establish the mechanism by which the Civil Aviation Safety Authority (CASA) can mandate the continuing airworthiness of aircraft and aeronautical products through such directives, which are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The policy objective of these provisions is to maintain and enhance the safety of civil aviation by ensuring that all aircraft and aeronautical products meet the necessary airworthiness standards as determined by the relevant national and international authorities.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The Act authorises the Governor-General to make regulations for the safety of air navigation, and under regulation 39.001, CASA is empowered to issue ADs concerning specific types of aircraft or aeronautical products. These ADs, which are legislative instruments, serve as critical mechanisms for ensuring the continuing airworthiness of aircraft, in compliance with international standards set by the International Civil Aviation Organization (ICAO). The State of Design, such as France for CFM International SA CFM 56 series engines, is responsible for issuing ADs that address safety concerns, and CASA, as Australia’s national airworthiness authority, must then evaluate and, if necessary, issue corresponding Australian ADs. These directives are not subject to public consultation or a Regulatory Impact Statement, reflecting their technical nature and the reliance on international standards. The ADs are issued in accordance with subsection 84A(2) of the Act, ensuring that CASA’s actions are consistent with Australia’s obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further 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), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and it qualifies as a legislative instrument pursuant to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations necessitate that the State of Design, such as France for the CFM International SA CFM 56 series engines, provides essential information to ensure the continuing airworthiness of the aircraft type. The State of Registry, in this case CASA, must then assess this information and, if necessary, issue an Australian AD to enforce the requirements stipulated by the State of Design. This process ensures that Australian aircraft remain airworthy and comply with international standards.
Failure to adhere to the provisions of an AD can result in significant legal consequences. Although the Civil Aviation Safety Regulations 1998 do not explicitly detail the penalties for non-compliance with ADs, general aviation regulations may impose civil or criminal penalties. Under section 92 of the Civil Aviation Act 1988, a person who contravenes the Act or the regulations can be liable for a civil penalty. The maximum penalty for such offences can be substantial, depending on the severity of the breach and the specific regulations contravened.
Furthermore, under section 135 of the Civil Aviation Act 1988, a person who contravenes certain safety-related provisions can be guilty of an offence and liable to a criminal penalty. The maximum penalty for these offences can include fines and imprisonment, underscoring the critical importance of compliance with ADs to maintain the highest safety standards in aviation.