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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/F406/19 affecting Reims Aviation F406 series aeroplanes. The EASA issued AD 2009-0127R1 on 23 October 2009 which supersedes the requirements of AD/F406/19 and as such this AD has been cancelled. The EASA acts on behalf of France, the state of design for these engines. The cancellation will become effective on 6 November 2009.
No consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the safety of civil aviation in Australia and the regulation of air navigation within the country. This Act enables the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation, as seen in the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998 further outline the regulatory framework under which CASA can issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft types and aeronautical products. The objective of this legislation is to maintain high safety standards in line with international conventions, such as Annex 8 to the Convention on International Civil Aviation, which assigns responsibility for the continuing airworthiness of aircraft to the State of Design and the State of Registry. CASA's role is to assess and, if necessary, issue Australian ADs based on the directives issued by the State of Design, ensuring that these standards are met within Australia's regulatory environment.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, provide the regulatory framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which are legislative instruments under the Legislative Instruments Act 2003. These directives apply to specific kinds of aircraft or aeronautical products within Australia and are issued to ensure the continuing airworthiness of these aircraft. The Civil Aviation Act 1988 empowers the Governor-General to make such regulations in the interests of the safety of air navigation. The State of Design, which has the overall responsibility for the continuing airworthiness of an aircraft type, issues the original AD, and CASA, as Australia’s national airworthiness authority, must then assess and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This process ensures that the ADs align with international standards set by Annex 8 to the Convention on International Civil Aviation, which mandates that States of Registry develop or adopt requirements to ensure the continuing airworthiness of aircraft. The geographic and jurisdictional reach of these regulations is national, applying to all aircraft and aeronautical products registered in Australia, and they extend to any aircraft type designed by a State of Design and subsequently registered in Australia.
Key Provisions
Under the Civil Aviation Act 1988 (section 98), the Governor-General is empowered to create regulations for the Act, with a primary focus on ensuring air navigation safety. The Civil Aviation Safety Regulations 1998 (regulation 39.001) specifically allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments as per subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, subject to disallowance under the Legislative Instruments Act 2003.
The obligations imposed by these regulations centre on the continuous airworthiness of aircraft. Under Annex 8 of the Convention on International Civil Aviation, the State of Design, which is responsible for the type of aircraft, must provide necessary information to ensure continuing airworthiness. In Australia, CASA acts as the national airworthiness authority and must assess the information provided by the State of Design, issuing an Australian AD if appropriate. The State of Registry, which is responsible for the individual aircraft, must also develop or adopt requirements to ensure the continuing airworthiness of the aircraft.
Failure to comply with the airworthiness directives can lead to serious consequences. Although the specific offences and penalties are not detailed in the text, it is clear that non-compliance with CASA-issued ADs can result in legal repercussions. Typically, such non-compliance may lead to penalties such as fines or other sanctions, as stipulated in the Civil Aviation Act 1988 and related regulations. These penalties can vary based on the severity of the non-compliance and the specific requirements of the ADs.
The text indicates that there was no consultation with the Australian public regarding the cancellation of a specific AD, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD in question, AD/F406/19, affecting Reims Aviation F406 series aeroplanes, was made by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94(1) of the Act. This AD has been superseded by the EASA’s AD 2009-0127R1, leading to its cancellation effective 6 November 2009.