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 2005-16-07 affecting Boeing 727 model aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B727/196, which will become effective on 29 September 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, New Technologies and Systems, 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 ensure the safety and efficiency of civil aviation in Australia, addressing gaps in the regulation of air navigation and aircraft operations. It provides the legislative framework under which the Civil Aviation Safety Regulations 1998 were developed, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). ADs are crucial for maintaining the continuing airworthiness of aircraft and are issued under the authority of the Governor-General to align with international standards, particularly those set forth in Annex 8 to the Convention on International Civil Aviation. This Act empowers CASA to issue ADs in response to those issued by the State of Design, ensuring compliance with international obligations and maintaining safety standards. The ADs are considered legislative instruments and are not subject to public consultation or a Regulatory Impact Statement, reflecting their urgent and safety-critical nature.
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) that mandate safety measures for specified types of aircraft or aeronautical products. These directives apply to aircraft registered in Australia and are a legislative instrument under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are crucial for ensuring the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation, with the State of Design having the primary responsibility for providing necessary information. CASA, as the national airworthiness authority, is responsible for assessing ADs issued by the State of Design and, where appropriate, issuing corresponding Australian ADs to enforce these safety requirements domestically. For instance, CASA issued Australian AD/B727/196 in response to a United States Federal Aviation Administration AD affecting Boeing 727 aircraft. This process does not require public consultation or a Regulatory Impact Statement, and the AD is issued on behalf of CASA by authorised personnel within the relevant office.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to make regulations to ensure the safety of 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 specific types of aircraft or aeronautical products. These ADs are a legislative instrument under subregulation 39.001(5) and are subject to disallowance as outlined in section 46A of the Acts Interpretation Act 1901. Furthermore, in line with section 6 of the Legislative Instruments Act 2003, ADs are considered legislative instruments.
The obligations under this Act require CASA to ensure the continuing airworthiness of aircraft registered in Australia. This includes assessing any airworthiness directives issued by the State of Design, which in this context is the United States for Boeing 727 model aircraft. CASA must then determine if an Australian AD is necessary and, if so, issue it to mandate the requirements from the State of Design. The State of Registry, in this case Australia, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft, as mandated by Annex 8 of the Convention on International Civil Aviation.
There are no specific offences, penalties, or civil/criminal consequences mentioned in the text for breaches of these provisions. However, the failure to comply with an airworthiness directive could lead to significant safety risks, potentially resulting in enforcement actions by CASA, including grounding of the aircraft, fines, and other regulatory measures. The severity of penalties would depend on the nature and extent of the non-compliance, but could include significant financial penalties and potential criminal charges in severe cases. The overarching principle is that compliance with ADs is critical to maintaining the safety of air navigation.