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 has issued AD 2005-20-13 affecting Boeing 727 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B727/198, which will become effective on 22 December 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, enacted by the Australian Parliament, aims to regulate civil aviation safety, ensuring that air navigation remains safe and efficient. The Act empowers the Governor-General to create regulations in the interests of air navigation safety. One such regulation is the Civil Aviation Safety Regulations 1998, which, under regulation 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives, as outlined in the Legislative Instruments Act 2003, are legislative instruments that must align with international standards set forth in the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design holds responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry to ensure safety. CASA, as Australia's national airworthiness authority, must therefore assess and, if necessary, issue ADs to mandate the requirements of the State of Design, ensuring compliance with international obligations and maintaining safety standards within Australian airspace.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, in alignment with the Civil Aviation Act 1988. This regulatory framework is designed to uphold the safety of air navigation, reflecting the overarching responsibility of the State of Design for continuing airworthiness as mandated by Annex 8 to the Convention on International Civil Aviation. The State of Registry of an aircraft, which in Australia's case is CASA, must implement the requirements of these ADs to ensure the aircraft's ongoing airworthiness. The issuance of ADs is a legislative instrument, disallowable under section 46A of the Acts Interpretation Act 1901, and thus subject to the provisions of the Legislative Instruments Act 2003. Exemptions or exclusions from the application of these regulations are not specified within the text, though the necessity to adhere to international conventions and the specific obligations of the State of Design and Registry are emphasised. Furthermore, while the text does not detail the geographic reach beyond the national jurisdiction, it implicitly extends to international standards and obligations.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 that govern the issuance of airworthiness directives (ADs) are sections 98 and 39.001 respectively. Section 98 of the Act allows the Governor-General to make regulations in the interest of air navigation safety, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. Under subregulation 39.001(5), ADs are classified as disallowable instruments under the Acts Interpretation Act 1901 and thus are legislative instruments as per the Legislative Instruments Act 2003.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose certain obligations on CASA and the State of Registry. Under Annex 8 to the Convention on International Civil Aviation, the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. CASA, as Australia's national airworthiness authority, must assess any AD issued by a State of Design and, if 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, which includes implementing ADs issued by CASA.
Breach of the obligations and requirements set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in various legal consequences. While specific offences and penalties are not detailed in the text provided, the issuance of ADs is a regulatory mechanism designed to ensure compliance with airworthiness standards. Failure to adhere to ADs could potentially lead to legal action, fines, or other civil or criminal penalties as determined by relevant aviation laws. The maximum penalties for such breaches would depend on the specific nature and severity of the non-compliance, as outlined in other sections of the Civil Aviation Act 1988 or related regulations.