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 issued AD 93-07-15, affecting Boeing B727 model aircraft, in 1993. 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 allow those aircraft used for the transport of livestock to use an alternative configuration which establishes an equivalent level of safety. The amended AD, AD/B727/135 Amendment 2, will become effective on 29 September 2006. 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 Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation and ensure the safety of air navigation within Australia. Under this Act, the Governor-General has the authority to make regulations that serve the interests of safety in air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various kinds of aircraft or aeronautical products. This regulatory framework is designed to align with international standards, particularly under Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design holds primary responsibility for the continuing airworthiness of aircraft types and must provide necessary information to States of Registry. CASA, as Australia’s national airworthiness authority, must issue corresponding ADs when the State of Design issues directives for aircraft on the Australian Register. This ensures that all aircraft within Australia maintain the required safety standards in accordance with international obligations and domestic regulations.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. These directives apply to specific kinds of aircraft or aeronautical products, and are mandated by regulation 39.001 of the Civil Aviation Safety Regulations 1998. In line with the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must supply necessary information to the States of Registry. CASA, as Australia's national airworthiness authority, is tasked with assessing this information and issuing Australian ADs to enforce the requirements of the State of Design. The issuance of these ADs is critical in ensuring that aircraft on the Australian Register meet international safety standards. Exemptions or amendments to ADs are made in response to specific circumstances or safety considerations, such as the amended AD/B727/135 Amendment 2, which allows for an alternative configuration for Boeing B727 model aircraft used in livestock transport, effective from 29 September 2006. This AD, being a legislative instrument, does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The key operative sections of this legislation pertain primarily to the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations that serve the interests of the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further specifies that the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. As per subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
These provisions impose specific obligations on CASA and the State of Registry. CASA, acting as Australia’s national airworthiness authority, must assess information from the State of Design and, when necessary, issue an Australian AD to enforce the requirements of the State of Design. The State of Registry is responsible for ensuring the continuing airworthiness of individual aircraft, developing or adopting necessary requirements in accordance with Annex 8 of the Convention on International Civil Aviation. This includes adopting and implementing ADs issued by the State of Design or CASA.
The Civil Aviation Safety Regulations 1998 also establish consequences for non-compliance with ADs. While specific offences, penalties, or civil/criminal consequences are not detailed within this legislative instrument, the overarching regulatory framework under the Civil Aviation Act 1988 provides for enforcement mechanisms. Non-compliance with ADs could potentially result in severe penalties, including fines and imprisonment, as stipulated in other sections of the Act. The seriousness of non-compliance underscores the critical role ADs play in maintaining air safety.