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 model aircraft, in 2002. The USA is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to correct a typographical error in a Service Bulletin revision status. The amended AD, AD/B717/5 Amendment 2, will become effective on 4 August 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 Parliament of Australia, serves as a foundational piece of legislation governing civil aviation safety and regulation in Australia. Its primary objective is to ensure the safety of air navigation and to establish the legal framework for the regulation of civil aviation within the country. As part of this framework, the Civil Aviation (Airworthiness of Aircraft) Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. The purpose of these ADs is to mandate specific actions to ensure the continuing airworthiness of aircraft, which is a critical aspect of maintaining aviation safety standards. The Civil Aviation Act 1988 thus addresses the need for a comprehensive regulatory system to oversee the safety and airworthiness of aircraft in Australian airspace.
Scope and Application
The Civil Aviation Act 1988 and its accompanying Civil Aviation Regulations 1998 provide a legislative framework governing the issuance of airworthiness directives (ADs) in Australia, particularly under regulation 39.001. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. The ADs are considered legislative instruments, and their issuance aligns with Australia's obligations under Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design's responsibility for the continuing airworthiness of aircraft types. CASA, as Australia’s national airworthiness authority, is tasked with assessing such information and, if necessary, issuing Australian ADs to enforce the requirements set by the State of Design. This ensures compliance with international standards and the safety of air navigation in Australia. The ADs are applicable to all entities and persons involved in the operation of affected aircraft, including aircraft manufacturers, operators, and maintenance providers, and they operate on a national scale within Australia. While the ADs are crucial for maintaining airworthiness, they are not subject to public consultation or regulatory impact statements, given their alignment with international civil aviation agreements and the urgent nature of safety directives.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework for issuing airworthiness directives (ADs) for aircraft and aeronautical products. According to section 98 of the Act, the Governor-General can make regulations to ensure the safety of air navigation, and under regulation 39.001 of the Regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific kinds of aircraft or aeronautical products. An AD is a legislative instrument that is disallowable under the Acts Interpretation Act 1901 and is subject to the provisions of the Legislative Instruments Act 2003.
Under these provisions, the State of Design, which is the country responsible for the design of the aircraft, has the primary responsibility for ensuring the continuing airworthiness of the aircraft type. This includes providing necessary information to the States of Registry, which are responsible for the airworthiness of individual aircraft registered in their country. In Australia, CASA, as the national airworthiness authority, must assess the information provided by the State of Design and, if necessary, issue an Australian AD to mandate the requirements of the State of Design.
In the case of the Boeing 717 model aircraft, the US Federal Aviation Administration (FAA) issued AD 2002-14-16 in 2002. As the State of Design, the US has the responsibility for providing airworthiness information. In response to this, CASA amended the equivalent Australian AD to correct a typographical error in a Service Bulletin revision status. The amended AD, AD/B717/5 Amendment 2, was issued to ensure the continuing airworthiness of the Boeing 717 model aircraft registered in Australia.
The ADs are issued under Australia’s obligations under the Convention on International Civil Aviation and in response to ADs raised by the relevant State of Design, which means that public consultation is not required. Additionally, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The AD was made by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Under the Civil Aviation Act 1988, breaches of ADs may result in enforcement actions by CASA, including fines, suspension, or revocation of certificates of airworthiness. The maximum penalties for non-compliance can vary, but they are intended to ensure compliance with safety standards to protect the public and maintain the safety of air navigation.