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 US FAA has issued AD 2006-10-14 affecting Boeing B717 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B717/19, which will become effective on 3 August 2006.
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, Airframes in the Manufacturing, Certification and New Technologies Office, 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 civil aviation in Australia, addressing issues related to safety, licensing, and other regulatory matters within the industry. The Act enables the Governor-General to make regulations that ensure the safety of air navigation, and under this authority, the Civil Aviation Safety Regulations 1998 were created. These regulations include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to maintain the continuing airworthiness of aircraft types and aeronautical products. The policy objective of these ADs is to align with international standards, particularly those set forth by the International Civil Aviation Organization (ICAO), ensuring that Australian aviation practices meet global safety benchmarks.
In line with the obligations under the Convention on International Civil Aviation and to uphold the safety standards set by the State of Design, CASA has the responsibility to issue Australian ADs when necessary. This includes assessing and, if appropriate, issuing ADs in response to directives from other States of Design, such as the United States Federal Aviation Administration (FAA). The ADs are considered legislative instruments and are issued without public consultation, as they are a direct response to international obligations and assessments. The ADs are drafted by CASA officials, ensuring compliance with the Civil Aviation Act and international conventions.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These regulations are designed to ensure the safety of air navigation and are issued under the authority of the Governor-General. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and a legislative instrument under the Legislative Instruments Act 2003. The ADs are typically issued in response to obligations under the Convention on International Civil Aviation, particularly when a State of Design issues an AD that impacts aircraft registered in Australia. CASA, as the national airworthiness authority, must assess and, if necessary, issue corresponding Australian ADs to enforce the requirements set forth by the State of Design. The application of these ADs is nationwide, affecting all aircraft and aeronautical products within Australia’s jurisdiction.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for air safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifies that the Civil Aviation Safety Authority (CASA) may issue ADs for particular types of aircraft or aeronautical products. An AD, as detailed in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus qualifies as a legislative instrument.
The obligations imposed by these provisions are significant for both CASA and the State of Registry of individual aircraft. The State of Design, in this case, the United States for Boeing B717 model aircraft, has the responsibility to issue ADs for its aircraft types and provide necessary information to ensure continuing airworthiness. The State of Registry, CASA in the Australian context, must then assess this information and, if appropriate, issue a corresponding AD to enforce the requirements of the State of Design. This ensures that the continuing airworthiness of aircraft is managed in accordance with international standards and obligations under the Convention on International Civil Aviation.
Given the international nature of these obligations and the direct response to a State of Design AD, there is no requirement for public consultation or a Regulatory Impact Statement under the Office of Regulatory Review. The AD is issued by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Offences, penalties, or consequences for non-compliance with ADs can be severe. Under the Civil Aviation Act 1988 and Civil Aviation Regulations, failure to comply with an AD can result in significant penalties. This may include fines, imprisonment, or both, depending on the severity of the breach. The maximum penalties are not explicitly stated in the text, but they can be substantial, reflecting the importance of air safety and the potential risks posed by non-compliance. CASA has the authority to enforce these regulations and take action against individuals or entities that fail to adhere to ADs, ensuring that air safety standards are maintained.