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 2009-07-07 affecting Boeing 717-200 model aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B717/32, which will become effective on
4 June 2009.
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 Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, aims to ensure the safety and efficiency of civil aviation in Australia, aligning with international standards and obligations. It provides the legal framework for the regulation of civil aviation, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of aircraft and aeronautical products. In accordance with regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA has the authority to issue ADs, which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. These directives serve as a mechanism to maintain the continuing airworthiness of aircraft, in line with international agreements such as Annex 8 to the Convention on International Civil Aviation, which places responsibility for this on the State of Design. Given the international nature of these directives, the ADs issued by CASA, such as AD/B717/32 affecting Boeing 717-200 model aircraft, are developed in response to directives from the relevant State of Design and are not subject to public consultation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products, aiming to ensure the safety of air navigation. These ADs are legislative instruments, and when issued by CASA in response to an AD from the State of Design, they become mandatory for aircraft registered in Australia. The scope of these regulations applies to aircraft types and aeronautical products that are registered within Australia's jurisdiction, thereby enforcing specific airworthiness standards. The application of these ADs is driven by Australia's obligations under international agreements, particularly Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design to provide necessary information to ensure continuing airworthiness. CASA, as the national airworthiness authority, is responsible for assessing and issuing Australian ADs that align with the requirements set by the State of Design. The issuance of ADs such as AD/B717/32 for the Boeing 717-200 model aircraft, in response to an AD issued by the Federal Aviation Administration of the United States, exemplifies the jurisdictional reach and application of these regulations. These ADs do not undergo public consultation or require a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation, and are issued under the authority of the Act by designated CASA officials.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 allow the Governor-General to make regulations for the purposes of the Act (section 98) and for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are considered legislative instruments as per section 46A of the Acts Interpretation Act 1901 and are subject to disallowance. The ADs are a critical tool for ensuring the continuing airworthiness of aircraft, a responsibility that falls under Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design with overall responsibility for an aircraft type.
The obligations imposed by the Act and the Regulations on parties or entities primarily revolve around the maintenance of airworthiness standards for aircraft and aeronautical products. The State of Design must provide necessary information to ensure the continuing airworthiness of an aircraft type, and the State of Registry must develop or adopt requirements to ensure this airworthiness. CASA, as Australia’s national airworthiness authority, has the obligation to assess information from the State of Design and, if appropriate, issue an Australian AD to enforce the required safety measures. This ensures that Australian registered aircraft comply with internationally recognised safety standards.
For breaches of the regulations established under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, the Act provides for various penalties. Specifically, section 84A(2) outlines the process through which CASA issues ADs, and failure to comply with these directives can result in civil or criminal consequences. The exact penalties are not specified in the provided text but generally include fines and imprisonment for serious breaches, which can vary depending on the severity and impact of the non-compliance. The legislative instruments, such as ADs, are designed to ensure compliance and uphold the highest safety standards in civil aviation.