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 has issued AD 2007-13-09 affecting Boeing 717-200 series aircraft. The United States is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/B717/23, which will become effective on 30 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 ensure the safety and efficiency of civil aviation within Australia. It provides the legislative framework under which the Civil Aviation Safety Regulations 1998 were created, and specifically authorises the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to maintain the continuing airworthiness of aircraft. This Act was introduced to address the need for a cohesive and legally binding framework to govern civil aviation safety in Australia, aligning with international standards set by the Convention on International Civil Aviation. The Australian Parliament enacted this legislation to uphold the safety of air navigation, and the policy objective is to ensure the continuing airworthiness of aircraft through the appropriate issuance and enforcement of ADs in accordance with international obligations and standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments that serve to ensure the safety of air navigation, as mandated by section 98 of the Civil Aviation Act 1988. The authority to issue such directives is grounded in Australia’s obligations under the Convention on International Civil Aviation, particularly Annex 8, which assigns the State of Design the responsibility for the continuing airworthiness of aircraft types. CASA, as Australia’s national airworthiness authority, is tasked with assessing airworthiness directives issued by the State of Design and, when necessary, issuing corresponding Australian ADs to enforce these requirements on aircraft registered in Australia. For instance, following the issuance of an AD by the United States regarding Boeing 717-200 series aircraft, CASA assessed the directive and subsequently issued Australian AD/B717/23, effective from 30 August 2007. Given the international nature and specific obligations under the Convention, no public consultation is required for these ADs, and they do not necessitate a Regulatory Impact Statement. The ADs are issued under the authority of the Acting Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office of CASA, in compliance with the legislative framework.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. These ADs serve as a legislative instrument under the Legislative Instruments Act 2003, and they are designed to ensure the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the initial airworthiness of the aircraft type, must provide necessary information to the State of Registry, which is then tasked with ensuring the ongoing airworthiness of the aircraft. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, is required to assess the information and, if appropriate, issue a corresponding Australian AD to mandate the necessary requirements.
Under the Civil Aviation Safety Regulations 1998, CASA must undertake certain obligations when issuing an AD. If a State of Design issues an AD for a type of aircraft registered in Australia, CASA is required to assess the information provided and determine whether it is necessary to issue an Australian AD. This process ensures that any safety issues identified by the State of Design are appropriately addressed within the Australian aviation regulatory framework. Furthermore, CASA must ensure that the AD complies with the Convention on International Civil Aviation, maintaining Australia's obligations to international standards.
Breaches of airworthiness directives can result in significant legal consequences. Section 98 of the Civil Aviation Act 1988 empowers CASA to enforce compliance with ADs, and failure to adhere to these directives can result in civil or criminal penalties. Under the Civil Aviation Act 1988, offences involving non-compliance with ADs can lead to fines, imprisonment, or both, depending on the severity of the breach and its impact on aviation safety. The specific penalties are detailed in the Civil Aviation Act and can vary based on the circumstances of the offence. The enforcement of ADs is critical to maintaining the high safety standards required in the aviation industry.