CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 issued AD F-1997-298R4, affecting CFM International 56 series engines. France is the State of Design for these engines. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/CFM56/7 Amendment 4. The amended AD, AD/CFM56/7 Amendment 4, will become effective on 7 July 2005. This AD cancels and replaces the previous issue.
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 Section Head - Systems, Airworthiness Standards Branch, Standards Division, 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, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. Pursuant to this authority, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products, which are legislative instruments subject to disallowance. The objective of this legislative framework is to align Australia’s civil aviation practices with international standards, particularly those set by the International Civil Aviation Organization (ICAO) under Annex 8 to the Convention on International Civil Aviation. This approach ensures that Australia meets its obligations under international agreements while maintaining the safety and airworthiness of aircraft registered within its territory.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Regulations 1998, pertains to the regulation and safety of civil aviation within Australia, providing the legal framework for the issuance of airworthiness directives (ADs). These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs concerning specific types of aircraft or aeronautical products to ensure compliance with safety standards. The ADs are considered legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and regulated by the Legislative Instruments Act 2003. The ADs are issued in accordance with international obligations under the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Design bears responsibility for the continuing airworthiness of aircraft types, while the State of Registry must ensure the ongoing airworthiness of individual aircraft. In the case of Australian-registered aircraft, CASA assumes the role of the national airworthiness authority, assessing international ADs and issuing equivalent Australian ADs as necessary. The issuance of these directives does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. This specific AD, AD/CFM56/7 Amendment 4, was made in response to a French AD concerning CFM International 56 series engines, reflecting Australia's commitment to international safety standards.
Key Provisions
The Civil Aviation Act 1988, in section 98, grants the Governor-General the authority to make regulations necessary for the safety of air navigation. These regulations are designed to ensure that air travel remains safe and efficient. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD, as defined in subregulation 39.001(5), is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is thus a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations are quite significant. The State of Design, which is responsible for the design of the aircraft or aeronautical products, has an ongoing responsibility to ensure the continuing airworthiness of the aircraft type. This includes providing any necessary information to the appropriate States of Registry to maintain airworthiness. In parallel, the State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction. CASA, as Australia's national airworthiness authority, must assess any information from the State of Design and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
Breaching the provisions of an AD can result in serious consequences. Failure to comply with an AD can lead to a range of civil and criminal penalties. Under the Civil Aviation Act 1988, non-compliance can result in fines and imprisonment. Specifically, section 33 of the Act provides that any person who contravenes a regulation can be fined up to $22,200 for individuals and $111,000 for corporations, and/or imprisonment for up to 12 months for individuals and 18 months for corporations. Furthermore, CASA has the authority to take enforcement actions, such as grounding non-compliant aircraft, which can have significant operational and financial repercussions for the operators involved.