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 2009-20-01 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/B727/219, which will become effective on 19 November 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, New Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 is foundational legislation that governs the safety, efficiency, and orderly development of civil aviation in Australia. This Act was enacted by the Australian Parliament to address the need for a comprehensive legal framework that ensures the safety and security of civil aviation. Section 98 of the Act empowers the Governor-General to make regulations for the purposes of the Act, particularly focusing on the safety of air navigation. One such 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 legislative instruments, subject to disallowance and review under the Legislative Instruments Act 2003. The issuance of ADs aligns with international obligations under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design, in this case, the United States for Boeing B727 model aircraft, provides necessary information to ensure the continuing airworthiness of aircraft types registered in other countries. CASA, as Australia’s national airworthiness authority, must assess such information and, if necessary, issue corresponding Australian ADs to enforce the requirements of the State of Design. In accordance with these provisions, CASA has issued Australian AD/B727/219 in response to the FAA’s AD 2009-20-01, effective from 19 November 2009.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) aimed at ensuring the safety of air navigation. Under these regulations, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products, thereby making them legislative instruments. This authority is exercised to comply with Australia's obligations under the Convention on International Civil Aviation, particularly in response to directives issued by the State of Design of a particular aircraft type. In this context, CASA must evaluate and, where necessary, mandate the requirements of ADs issued by other contracting states, such as the United States, to ensure the continuing airworthiness of aircraft registered in Australia. This legislative process does not involve public consultation or the preparation of a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The ADs are issued by authorised personnel within CASA, adhering to the statutory requirements outlined in the Act.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to enact regulations that are in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. Importantly, subregulation 39.001(5) classifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, thus making them legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
Under these provisions, CASA, as Australia's national airworthiness authority, is tasked with ensuring the continuing airworthiness of aircraft registered in Australia. This obligation extends to adopting requirements set by the State of Design, which is the country responsible for the aircraft type's design. For instance, when the United States, the State of Design for Boeing B727 aircraft, issues an AD, CASA must assess the directive and, if necessary, issue a corresponding Australian AD to enforce the requirements of the original directive. Such was the case with AD 2009-20-01 from the US Federal Aviation Administration (FAA), which CASA assessed and issued as Australian AD/B727/219, effective from 19 November 2009.
These ADs come with specific obligations for the entities they govern. CASA must rigorously assess any international ADs and determine their applicability to aircraft registered in Australia. If an AD is relevant, CASA must then issue a corresponding Australian AD, detailing the required actions to maintain the airworthiness of the affected aircraft. The State of Registry is responsible for ensuring that all aircraft comply with these ADs, which may include mandatory inspections, repairs, or modifications.
Failure to comply with an AD can result in serious consequences. Under section 90 of the Civil Aviation Act 1988, a person who contravenes an AD commits an offence, potentially leading to criminal charges. The maximum penalty for an individual is a fine of up to $21,000, while corporate entities can face fines of up to $105,000. Additionally, CASA can take enforcement actions such as suspending or cancelling the aircraft's certificate of airworthiness, which can result in the aircraft being grounded until compliance is achieved. These stringent measures underscore the importance of adhering to ADs to maintain the highest standards of aviation safety.