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 2007-21-04 affecting Boeing B727 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B727/207, which will become effective on 16 November 2007.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, addressing the need for safety standards and the management of air navigation. This Act empowers the Governor-General to establish regulations for air navigation safety, including the issuance of airworthiness directives. The Civil Aviation Safety Regulations 1998 further elaborate on the procedures and requirements for ensuring the continuing airworthiness of aircraft, allowing the Civil Aviation Safety Authority (CASA) to issue such directives. The problem this legislation addresses is the need for a unified and internationally compliant approach to the continuing airworthiness of aircraft registered in Australia, ensuring that they meet safety standards both domestically and in accordance with international conventions.
In the context of international cooperation and obligations under the Convention on International Civil Aviation, CASA, as Australia's national airworthiness authority, is responsible for issuing Australian airworthiness directives when necessary. This process involves assessing directives issued by the State of Design and implementing corresponding Australian directives, as seen in the case of AD 2007-21-04 for Boeing B727 model aircraft. This action is in line with the policy objective of maintaining high safety standards in civil aviation, fulfilling Australia's commitments under international agreements, and ensuring the safety of air navigation without the need for public consultation or a Regulatory Impact Statement in certain circumstances.
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, ensuring compliance with the overarching aim of maintaining the safety of air navigation as stipulated in the Civil Aviation Act 1988. These ADs are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. The State of Design for a particular aircraft type holds primary responsibility for its continuing airworthiness, and must share necessary information to ensure safety with the State of Registry. Consequently, CASA, as Australia's national airworthiness authority, must evaluate and, if deemed necessary, issue Australian ADs to align with directives from the relevant State of Design. This process is exemplified by CASA's issuance of AD/B727/207 in response to the US Federal Aviation Administration's AD 2007-21-04 for Boeing B727 aircraft, reflecting Australia's commitment under the Convention on International Civil Aviation. Notably, this directive was issued without public consultation as it directly responds to an AD from the State of Design, and it does not require a Regulatory Impact Statement according to the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to make regulations necessary for the safety of air navigation. Under this authority, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. Such ADs, as specified in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus they are legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The obligations of the State of Design, which is the country responsible for the aircraft type's design, are pivotal under Annex 8 to the Convention on International Civil Aviation. This state must provide any necessary information to ensure the continuing airworthiness of the aircraft type, and must share this information with the appropriate States of Registry. Conversely, the State of Registry, which is responsible for the individual aircraft's continuing airworthiness, must develop or adopt requirements to maintain the aircraft's airworthiness. In the case of Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if deemed necessary, issue an Australian AD to enforce the requirements set forth by the State of Design.
The Civil Aviation Safety Regulations 1998, and the associated ADs, do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. For instance, the US Federal Aviation Administration (FAA) has issued AD 2007-21-04 concerning Boeing B727 model aircraft. Since the US is the State of Design for this aircraft type, CASA assessed this directive and issued Australian AD/B727/207, effective from 16 November 2007. This directive was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
There are specific offences and penalties associated with non-compliance with the ADs. Under the Civil Aviation Act 1988, failure to comply with an airworthiness directive can result in significant consequences. Section 84A(2) allows CASA to issue a compliance order, and non-compliance with such an order can lead to a civil penalty of up to $1,110,000 for corporations and $222,000 for individuals, as stipulated in section 17 of the Act. Additionally, section 83Q of the Act makes it an offence to operate an aircraft that does not comply with an AD, with potential criminal penalties including fines and imprisonment.