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 2008-02-08 affecting Boeing model 717-200 aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B717/28, which will become effective on 13 March 2008.
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 Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, 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, aiming to ensure the safety and efficiency of air navigation. This legislation grants the Governor-General the authority to make regulations that are essential for the safety of air navigation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998 further elaborate on the procedures for issuing ADs, which are legislative instruments under the Legislative Instruments Act 2003. These directives are critical in maintaining the continuing airworthiness of aircraft and are mandated by Australia's obligations under the Convention on International Civil Aviation. The ADs issued by CASA, such as AD/B717/28 in response to a United States Federal Aviation Administration directive, reflect Australia's commitment to international standards and safety protocols without necessitating public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. This legislative framework applies to all entities involved in the operation and maintenance of aircraft registered in Australia, including aircraft manufacturers, operators, and maintenance service providers. The ADs are designed to maintain the continuing airworthiness of specific types of aircraft or aeronautical products, ensuring compliance with international standards set forth in the Convention on International Civil Aviation, specifically Annex 8. The geographic reach of these regulations is national, as CASA acts as the central authority to mandate and enforce airworthiness requirements within Australia. While ADs are regulatory instruments, they are subject to disallowance under the Acts Interpretation Act 1901, and thus are legislative instruments as defined by the Legislative Instruments Act 2003. Notably, these directives are issued in response to international obligations and specific safety concerns identified by the State of Design, meaning that public consultation is not required for their promulgation. This approach aligns with the Convention's stipulations and expedites the process of addressing critical safety issues.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs are legislative instruments that must comply with the requirements of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
Under these provisions, CASA is tasked with ensuring the continuing airworthiness of aircraft registered in Australia. The State of Design of an aircraft type holds primary responsibility for issuing ADs to ensure airworthiness, and the State of Registry, in this case CASA, must assess and implement these directives as necessary. For instance, when the United States Federal Aviation Administration (FAA) issued AD 2008-02-08 concerning Boeing 717-200 aircraft, CASA evaluated this directive and subsequently issued Australian AD/B717/28 to mandate the necessary requirements for these aircraft registered in Australia.
The obligations imposed by the Act and the Regulations on CASA and other entities include the assessment of foreign ADs, the implementation of Australian ADs, and the maintenance of records to ensure compliance with international obligations under the Convention on International Civil Aviation. CASA must ensure that all aircraft registered in Australia meet the airworthiness standards specified in these directives.
There are significant consequences for non-compliance with the ADs. Section 84A of the Act outlines that any breach of an airworthiness directive can result in severe penalties. While the specific penalties are not detailed in the provided text, it is clear that failure to comply with an AD can lead to enforcement actions, which may include fines or other civil and criminal penalties. Such actions underscore the importance of adhering to the airworthiness requirements set forth in these directives to maintain the safety and integrity of Australia's civil aviation system.