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 United States FAA issued AD 2005-16-08, affecting Boeing 717 series aircraft, in 2005. The United States is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to include an optional terminating action for the repetitive inspections. The amended AD, AD/B717/18 Amendment 1, will become effective on 27 August 2009. 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 Best Practice Regulation 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 legislative framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation within Australian territory. The Act empowers the Governor-General to make regulations that support the Act's objectives, as seen in the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These ADs serve as legislative instruments, as outlined in the Legislative Instruments Act 2003, and are critical for maintaining the continuing airworthiness of aircraft types registered in Australia. The policy objective of these regulations is to harmonise Australia's approach to air safety with international standards, as mandated by the Convention on International Civil Aviation, particularly Annex 8. This legislative framework ensures that CASA, as the national airworthiness authority, can effectively respond to international safety directives and maintain the high safety standards required for civil aviation in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products, in line with section 98 of the Civil Aviation Act 1988. These directives are critical for ensuring the continuing airworthiness of aircraft registered in Australia, and they serve as a legislative instrument under the Acts Interpretation Act 1901. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to the States of Registry, such as Australia, to support these directives. CASA, as Australia’s national airworthiness authority, evaluates this information and, if deemed necessary, issues Australian ADs to enforce the requirements stipulated by the State of Design. The ADs must align with Annex 8 to the Convention on International Civil Aviation, and their issuance is a direct response to international obligations and industry requests, without the need for public consultation or a Regulatory Impact Statement. This regulatory framework ensures that Australian aviation standards remain consistent with international safety requirements.
Key Provisions
The Civil Aviation Act 1988 (section 98) grants the Governor-General the authority to establish regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. Notably, under subregulation 39.001(5), ADs are classified as disallowable instruments as per section 46A of the Acts Interpretation Act 1901, and thus, they are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the AD include ensuring the continuing airworthiness of aircraft. According to Annex 8 of the Convention on International Civil Aviation, the State of Design bears the primary responsibility for maintaining the airworthiness of an aircraft type, and must provide necessary information to the States of Registry to ensure the aircraft’s continued safe operation. The State of Registry, in turn, is required to develop or adopt measures to guarantee the ongoing airworthiness of aircraft registered within its jurisdiction. In response to an AD issued by the State of Design, CASA, as Australia’s national airworthiness authority, must evaluate the information and, if deemed necessary, issue an Australian AD to enforce the State of Design’s requirements.
Failure to comply with the AD could result in serious safety issues, as non-compliance may lead to the aircraft being deemed unairworthy. While no public consultation has been conducted for this AD due to its alignment with international obligations and its response to an AD from the State of Design, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The AD has been issued by the Manager, Future Technology and Regulatory Trends, within CASA's Standards Development and Future Technology Division, pursuant to subsection 84A(2) of the Act.
Under the Civil Aviation Safety Regulations 1998, there are specific penalties for non-compliance with ADs. Violations can lead to civil penalties, including fines, and in severe cases, criminal penalties. The maximum penalties for breaching the ADs can vary, but they are designed to enforce compliance and ensure the safety of air navigation. These measures underscore the critical importance of adhering to the directives issued to maintain the safety standards of civil aviation.