CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 issued AD 2002-14-16, affecting Boeing 717 aircraft, in 2002. The United States is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to update the revision status of the referenced service bulletins and to allow the use of later revisions of the service bulletins provided they are approved by the FAA as an alternative method of compliance (AMOC). The amended AD, AD/B717/5 Amendment 1, will become effective on 7 July 2005. This AD cancels and replaces the previous issue.
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 Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, aims to provide a framework for ensuring the safety of civil aviation within Australia. The Act empowers the Governor-General to create regulations that safeguard air navigation. One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. These ADs are legislative instruments that align with international standards, particularly those set by the International Civil Aviation Organization (ICAO) under Annex 8 to the Convention on International Civil Aviation. The State of Design holds responsibility for the continuing airworthiness of an aircraft type, while the State of Registry ensures the individual aircraft's airworthiness. In response to an AD issued by the United States Federal Aviation Administration (FAA) for Boeing 717 aircraft, CASA has amended the corresponding Australian AD to update revision statuses and allow for alternative compliance methods approved by the FAA. The amended AD, AD/B717/5 Amendment 1, will be effective from 7 July 2005, replacing the previous directive. Given that this AD stems from Australia’s obligations under the Convention on International Civil Aviation and is a direct response to a State of Design AD, no public consultation was required, and a Regulatory Impact Statement was deemed unnecessary.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia. Under this legislative framework, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products, as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that mandate compliance to ensure the continuing airworthiness of aircraft registered in Australia. The Act applies to entities involved in civil aviation, including aircraft manufacturers, operators, and maintenance providers, with a focus on maintaining safety standards in air navigation. Geographically, the Act's application extends to all aircraft registered in Australia, aligning with the obligations under the Convention on International Civil Aviation, particularly Annex 8, which designates the State of Design as responsible for the continuing airworthiness of aircraft types and the State of Registry as responsible for individual aircraft. While the Act does not specify exclusions or thresholds, the issuance and enforcement of ADs are contingent on international obligations and the specific requirements of the State of Design. Subordinate instruments, such as the Civil Aviation Safety Regulations 1998, further delineate the application and scope of ADs, ensuring they meet national and international safety standards.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, as amended by the Civil Aviation Regulations 1998, empower the Governor-General to issue regulations for the safety of air navigation (section 98). Regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. An AD, defined in subregulation 39.001(5), is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and hence, a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations on the parties governed by them primarily revolve around ensuring the continuing airworthiness of aircraft. The State of Design, which is responsible for the type of aircraft, must provide any necessary information to maintain airworthiness. The State of Registry, which is responsible for individual aircraft, must develop or adopt requirements to ensure the continuing airworthiness of those aircraft. CASA, as Australia's national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs. This ensures that Australian aircraft meet international safety standards and comply with obligations under the Convention on International Civil Aviation.
The Act and the Regulations impose specific obligations on CASA and other entities to ensure compliance with ADs. CASA must assess and, if necessary, issue Australian ADs to mandate the requirements of any ADs issued by the State of Design. The State of Registry must ensure the continuing airworthiness of aircraft by developing or adopting appropriate requirements. Any breaches of these obligations could result in safety issues and potential legal consequences, although the specific provisions for civil or criminal liability are not detailed in the text provided.
There are no specific offences, penalties, or civil/criminal consequences mentioned in the provided text. However, failure to comply with ADs could result in serious safety issues, leading to potential enforcement actions by CASA. While the text does not specify maximum penalties, non-compliance with aviation safety regulations can generally result in significant civil or criminal penalties, including fines and imprisonment, depending on the severity of the breach.