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 2008-11-06 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/B717/30, 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, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, was introduced to provide a comprehensive legal framework for civil aviation in Australia. One of the key provisions of this Act is the authority it grants to the Governor-General to make regulations for the purposes of the Act, particularly in the interests of air navigation safety. In accordance with section 98 of the Act, the Civil Aviation Safety Regulations 1998 were created, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as detailed in regulation 39.001. These directives are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are regulated by the Legislative Instruments Act 2003. The overall objective of these regulations is to ensure the continuing airworthiness of aircraft, aligning with international standards as set forth in Annex 8 to the Convention on International Civil Aviation.
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 kinds of aircraft or aeronautical products. This regulation applies to all entities and persons involved in the maintenance and operation of aircraft registered in Australia, ensuring compliance with safety standards. These ADs are mandated by Australia’s obligations under the Convention on International Civil Aviation and are issued in response to directives from the aircraft’s State of Design, such as the United States in the case of Boeing B717 model aircraft. As such, the scope of these directives is national, aligning with international standards to maintain the safety of air navigation. There are no exclusions or exemptions specified within the text, and the application is extensive to all relevant aircraft and aeronautical products within Australia’s jurisdiction. Additionally, ADs are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The issuing process does not require public consultation or a Regulatory Impact Statement, reflecting their technical and safety-focused nature.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to establish regulations that enhance the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further specifies that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. Subregulation 39.001(5) clarifies that an AD is a disallowable instrument as per section 46A of the Acts Interpretation Act 1901, thereby classifying it as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design is entrusted with the responsibility for the ongoing airworthiness of an aircraft type. This includes providing necessary information to ensure the continuing airworthiness of the type to relevant States of Registry. ADs serve as the primary means of communicating such continuing airworthiness information and are issued by most ICAO Contracting States. Conversely, the State of Registry of an individual aircraft bears the responsibility for its ongoing airworthiness, and must implement or adopt requirements to maintain it. When a State of Design issues an AD against a type of aircraft registered in Australia, CASA, as the national airworthiness authority, must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the State of Design's requirements.
The US Federal Aviation Administration (FAA) has issued AD 2008-11-06 concerning Boeing B717 model aircraft, with the USA being the State of Design for this type. CASA has reviewed this AD and subsequently issued Australian AD/B717/30, effective from 31 July 2008. Given that this AD arises from Australia's obligations under the Convention on International Civil Aviation and is a response to an AD issued by the relevant State of Design, no public consultation has been conducted. The Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement. This AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The Civil Aviation Safety Regulations 1998 impose several obligations on the entities governed by the Act. CASA, as the national airworthiness authority, must meticulously evaluate any ADs issued by States of Design to ensure they align with the continuing airworthiness requirements of the aircraft types registered in Australia. Once an assessment is complete and it is determined that an Australian AD is necessary, CASA must issue the appropriate directive to mandate compliance with the safety measures outlined by the State of Design. The State of Registry, which is responsible for the ongoing airworthiness of individual aircraft, must adhere to the requirements set forth by CASA through the issuance of Australian ADs.
Non-compliance with the provisions of an airworthiness directive can result in significant legal repercussions. Civil penalties may be imposed for breaches, with maximum fines stipulated under section 54A of the Civil Aviation Act 1988. For corporations, the penalties can reach up to $1.2 million for each breach, while individuals may face fines of up to $240,000 per offence. Additionally, criminal sanctions may apply for more severe breaches, with potential imprisonment terms as outlined in the relevant sections of the Act. The imposition of these penalties underscores the critical importance of adhering to the safety regulations set forth by CASA and the broader aviation community.