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 2008-11-15 affecting Boeing 717 series aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B717/29, which will become effective on 31 July 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 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 establish a regulatory framework for the safety and efficiency of civil aviation in Australia, ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). The Act empowers the Governor-General to make regulations for the purposes of the Act and to promote the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The issuance of these directives is a legislative instrument under the Legislative Instruments Act 2003. The policy objective is to ensure the continuing airworthiness of aircraft registered in Australia, aligning with international obligations and the safety standards set by the State of Design. CASA issues Australian ADs in response to ADs issued by the relevant State of Design, thereby fulfilling Australia's commitments under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are issued under the authority of section 98 of the Civil Aviation Act and regulation 39.001 of the Civil Aviation Safety Regulations. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is treated as a legislative instrument in accordance with the Legislative Instruments Act 2003. The application of these directives is global, adhering to the requirements of Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design holds overall responsibility for the continuing airworthiness of aircraft types and must provide necessary information to the States of Registry. In Australia, CASA, as the national airworthiness authority, assesses information from foreign ADs and, if deemed necessary, issues corresponding Australian ADs to ensure compliance and safety within the Australian aviation industry. These directives are not subject to public consultation or a Regulatory Impact Statement as they are issued in response to international obligations and requirements from the relevant State of Design.
Key Provisions
The key provisions of the Civil Aviation Act 1988, as related to the issuance of airworthiness directives (ADs), are found in section 98, which empowers the Governor-General to make regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically grants the Civil Aviation Safety Authority (CASA) the authority to issue ADs for certain types of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is a disallowable instrument, making it a legislative instrument under the Legislative Instruments Act 2003.
The obligations imposed by this legislation on CASA include the responsibility to assess airworthiness directives issued by the State of Design, such as the United States Federal Aviation Administration (FAA) in the case of the Boeing 717 series aircraft. CASA must evaluate the necessity of issuing an Australian AD based on the information provided by the State of Design. This process ensures that the continuing airworthiness of aircraft registered in Australia aligns with international safety standards, as outlined in Annex 8 to the Convention on International Civil Aviation.
There are no explicit offences or penalties mentioned in the text for failing to comply with an Australian AD; however, the overarching responsibility of the State of Registry, which in this case is CASA, is to ensure the continuing airworthiness of aircraft. Non-compliance with ADs could potentially lead to civil or criminal consequences under broader aviation safety laws, although specific penalties are not detailed within this excerpt. The text indicates that no public consultation is required for ADs due to their international regulatory nature and the Office of Best Practice Regulation has determined that they do not necessitate a Regulatory Impact Statement. This AD was made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.