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 2009-06-10 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/B727/218, which will become effective on 4 June 2009.
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 & Structures in the Airworthiness Engineering Group, 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 legislative framework for the regulation of civil aviation in Australia. This Act serves to establish and maintain a high standard of safety and efficiency in civil aviation, addressing the need for coordinated and effective regulation to ensure the safety of air navigation. Under section 98 of the Act, the Governor-General has the authority to make regulations, including airworthiness directives, to maintain the safety of air navigation. The Civil Aviation Safety Regulations 1998 further detail the mechanisms through which such regulations, including airworthiness directives, can be issued by the Civil Aviation Safety Authority (CASA). These directives are integral to maintaining the continuing airworthiness of aircraft, in line with international obligations under the Convention on International Civil Aviation, particularly Annex 8, which assigns responsibility for airworthiness to the State of Design and State of Registry. This legislative framework ensures that Australia adheres to global safety standards while effectively managing its civil aviation responsibilities.
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 to ensure the safety of air navigation. This regulatory framework is part of the broader legislative authority provided under section 98 of the Civil Aviation Act 1988, which allows for regulations to be made in the interests of air navigation safety. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. The application of these ADs is international, reflecting Australia’s obligations under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has overall responsibility for the continuing airworthiness of an aircraft type. CASA, as Australia’s national airworthiness authority, must respond to such directives by assessing the information and, where necessary, issuing corresponding Australian ADs. This process ensures that aircraft registered in Australia comply with international safety standards. The ADs do not require public consultation or a Regulatory Impact Statement, as they are a direct response to international obligations and safety requirements.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 allow the Governor-General to make regulations for the safety of air navigation (section 98), and for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft or aeronautical products (regulation 39.001). This means CASA can mandate safety requirements through ADs for specific types of aircraft. Furthermore, subregulation 39.001(5) classifies ADs as disallowable instruments under the Acts Interpretation Act 1901, and legislative instruments under the Legislative Instruments Act 2003.
These provisions impose obligations on CASA to assess ADs issued by the State of Design and to issue corresponding Australian ADs if appropriate, ensuring the continuing airworthiness of aircraft on the Australian Register. The State of Design must provide necessary information to maintain airworthiness, and the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When CASA issues an Australian AD, it mandates compliance with the safety requirements specified in the AD.
Failure to comply with an airworthiness directive can result in severe consequences. Under the Civil Aviation Act 1988, any person who contravenes an AD can face civil penalties. The maximum penalty for such offences is set out in the Civil Aviation Regulations and can include substantial fines. Additionally, non-compliance may lead to criminal charges and penalties if the contravention is deemed to be a serious offence, which could result in imprisonment or further financial penalties. The seriousness of the offence and the degree of intent or negligence will influence the exact penalty imposed.