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 2005-13-14 affecting Boeing 727 model aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/B727/195, which will become effective on 4 August 2005.
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 address the need for comprehensive regulation of civil aviation safety in Australia, ensuring both domestic and international compliance with safety standards. This Act provides the legal framework within which the Civil Aviation Safety Regulations 1998 are implemented. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments aimed at maintaining the safety standards of aircraft and aeronautical products. By issuing ADs, CASA fulfils Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design is responsible for the continuing airworthiness of aircraft types. CASA, as Australia's national airworthiness authority, is tasked with assessing and, where appropriate, issuing Australian ADs that align with international directives to ensure the safety of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, through 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. This legislation applies to entities responsible for the design and registry of aircraft, including manufacturers and operators, within Australia and on the Australian aircraft register. ADs are critical for ensuring the continuing airworthiness of aircraft, aligning with the obligations under Annex 8 of the Convention on International Civil Aviation, where the State of Design bears responsibility for the airworthiness of aircraft types. The ADs issued by CASA, such as AD/B727/195, are legislative instruments that become effective as per their issuance date, without the requirement for public consultation or a Regulatory Impact Statement due to their international obligations and the specific nature of the directive. This process is overseen by the Manager, Airframes in CASA’s Manufacturing, Certification and New Technologies Office, ensuring compliance with the Act’s stipulations.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the framework for the issuance and implementation of airworthiness directives (ADs) in Australia, under section 98 of the Act (section 98) and regulation 39.001 of the Regulations (regulation 39.001). According to regulation 39.001, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products, as a means to ensure the safety of air navigation. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 (section 46A), and as such, are legislative instruments under the Legislative Instruments Act 2003 (section 6). The State of Design, which is the country responsible for designing the aircraft type, holds the overall responsibility for the continuing airworthiness of that type and must provide necessary information to ensure the safety of the aircraft to the relevant States of Registry, in accordance with Annex 8 to the Convention on International Civil Aviation. The State of Registry, which is the country where the individual aircraft is registered, must also develop or adopt requirements to ensure the continuing airworthiness of aircraft registered in their jurisdiction.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 primarily fall on CASA, as Australia’s national airworthiness authority. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This process is exemplified by the issuance of Australian AD/B727/195 by CASA in response to the United States Federal Aviation Administration’s (FAA) AD 2005-13-14, which affects Boeing 727 model aircraft, where the United States is the State of Design. CASA is required to ensure that these ADs are issued in a timely manner, and that they are made in accordance with the relevant legislative provisions and international obligations.
Failure to comply with an airworthiness directive, or any other requirement of the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998, may result in civil or criminal penalties. Under the Civil Aviation Act 1988, breaches of the Act or Regulations can result in fines of up to $222,200 for individuals and $1,111,000 for corporations (section 346). In more serious cases, such as where a breach results in the death of a person, the maximum penalty can be imprisonment for up to 10 years, or a fine of up to $555,500 for individuals and $2,777,500 for corporations (section 347). The Act also provides for the imposition of administrative penalties, such as the suspension or revocation of an aircraft operator’s certificate or a pilot’s licence, in cases where a person has contravened the Act or Regulations (section 349). Furthermore, under section 351 of the Act, CASA may take enforcement action against a person who has contravened the Act or Regulations, including the issuance of a compliance order or the initiation of legal proceedings.