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 has issued AD 2006-20-12 affecting Boeing 717 model aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/B717/21, which will become effective on 2 August 2007.
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 Acting Manager, New Technologies and Systems, 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 for the regulation of civil aviation in Australia, including the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations necessary for the safety of air navigation. One such regulation, established under section 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments and are issued in accordance with international standards set by the Convention on International Civil Aviation, particularly under Annex 8, which assigns the State of Design responsibility for the continuing airworthiness of aircraft types. CASA, as Australia's national airworthiness authority, assesses ADs issued by the State of Design and may issue corresponding Australian ADs to ensure compliance with international safety standards. The legislative process for these ADs does not require public consultation or a Regulatory Impact Statement, as they are issued in response to international obligations and assessments by CASA.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework through which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs). These directives apply to specific kinds of aircraft or aeronautical products, with the objective of ensuring the safety of air navigation in Australia. The authority to issue such directives is derived from regulation 39.001 of the Civil Aviation Safety Regulations 1998, with these directives being considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus legislative instruments under section 6 of the Legislative Instruments Act 2003. The application of ADs is mandated by international obligations under Annex 8 to the Convention on International Civil Aviation, where the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type. CASA, as Australia’s national airworthiness authority, is required to assess and, if necessary, issue corresponding Australian ADs to enforce the requirements set by the State of Design. In the case of the United States Federal Aviation Administration (FAA) issuing AD 2006-20-12 for Boeing 717 model aircraft, CASA has assessed and subsequently issued Australian AD/B717/21, effective from 2 August 2007. Given the international nature and the urgency of safety concerns, this process does not involve public consultation, and a Regulatory Impact Statement is deemed unnecessary.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the framework for the regulation of airworthiness directives (ADs) in Australia. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, as they are disallowable instruments in line with section 46A of the Acts Interpretation Act 1901.
The obligations under these provisions primarily rest on CASA as the national airworthiness authority. CASA is responsible for assessing airworthiness directives issued by the State of Design, such as the United States Federal Aviation Administration (FAA) in the case of the Boeing 717, and determining whether these need to be adopted or adapted for Australian aircraft. The State of Registry, in this case, Australia, is obligated to ensure the continuing airworthiness of aircraft registered within its territory. This includes adopting and enforcing any relevant ADs issued by CASA.
Failure to comply with ADs can lead to significant legal consequences. Under the Civil Aviation Act 1988, any person who contravenes an AD may be subject to penalties. The specific penalties are not detailed in the provided text, but generally, violations can lead to fines or imprisonment depending on the severity and frequency of the offence. The Act also empowers CASA to take enforcement actions, which may include grounding aircraft that do not comply with applicable ADs.
Additionally, non-compliance with ADs can result in severe operational repercussions, such as the inability to legally operate an aircraft in Australian airspace. This not only affects the operators but can also impact passengers and the broader aviation industry. Thus, adherence to ADs is crucial not only for legal compliance but also for maintaining the high standards of safety and airworthiness expected under Australian and international aviation laws.