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 US FAA has issued AD 2005-11-03 affecting Boeing 717 model aircraft. US is the State of Design for these models. CASA has assessed this AD and has issued Australian AD/B717/17, which will become effective on 4 August 2005.
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, enacted by the Commonwealth Parliament, aims to ensure the safety of air navigation in Australia and align Australian aviation practices with international standards. One significant aspect of the Act is the regulation of airworthiness directives (ADs), which are critical for maintaining the safety and airworthiness of aircraft. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs, which are legislative instruments that can be disallowed under the Acts Interpretation Act 1901. The Act mandates that CASA, as Australia's national airworthiness authority, must issue Australian ADs when a State of Design issues an AD for a type of aircraft registered in Australia, thereby fulfilling international obligations under the Convention on International Civil Aviation. The process for issuing these ADs does not require public consultation as it is driven by international agreements and the need to maintain consistent safety standards globally.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legislative framework for issuing airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft within Australia. Under these legislative instruments, the Civil Aviation Safety Authority (CASA) can issue ADs for particular types of aircraft or aeronautical products as mandated by regulation 39.001. These ADs serve as a key mechanism for implementing international safety standards and ensuring compliance with the obligations under the Convention on International Civil Aviation, particularly concerning the responsibilities of the State of Design and the State of Registry. An AD becomes a legislative instrument upon issuance, and the process for issuing such directives is further regulated by the Legislative Instruments Act 2003. Exemptions and exclusions from these regulations are not explicitly detailed in the provided text; however, the authority to issue ADs is exercised to meet international safety standards and obligations, which may inherently limit the scope of exclusions. The ADs are issued without public consultation as they are responses to international directives and do not require a Regulatory Impact Statement as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). According to these provisions, CASA has the authority to issue ADs for certain types of aircraft or aeronautical products to ensure the safety of air navigation. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is classified as a legislative instrument under section 6 of the Legislative Instruments Act 2003. This means that while ADs have the force of law, they can also be reviewed and potentially disallowed by Parliament.
Under the obligations outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, the State of Design, which in this case is the United States for Boeing 717 model aircraft, holds the primary responsibility for the continuing airworthiness of the aircraft type. The State of Registry, in this instance CASA as Australia's national airworthiness authority, must ensure that the aircraft remains airworthy by assessing and implementing any necessary ADs issued by the State of Design. This involves evaluating the ADs, such as the one issued by the US FAA (AD 2005-11-03), and, if deemed appropriate, issuing an Australian AD, like AD/B717/17, to mandate the required actions for aircraft registered in Australia.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not require public consultation for ADs issued under the Convention on International Civil Aviation, as they are based on international obligations and responses to ADs from the State of Design. This streamlined process ensures that safety measures are implemented without unnecessary delays. Furthermore, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement, reflecting the urgency and importance of these safety measures.
In terms of compliance, any breach of an AD can lead to significant civil or criminal consequences. Although specific penalties are not detailed in the provided text, under the Civil Aviation Act 1988, non-compliance with ADs can result in enforcement actions by CASA, which may include fines, suspension, or revocation of an operator’s certificate. This underscores the importance of adhering to ADs to maintain the safety standards mandated by Australian aviation regulations.