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 FAA has issued AD 2002-20-07 affecting Boeing Model 737 aircraft. USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B737/113, Amendment 1, which will become effective on 29 September 2005. This AD cancels and replaces the previous issue.
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 was enacted to address the need for comprehensive regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. Under section 98 of the Act, the Governor-General has the authority to make regulations in the interests of the safety of air navigation. The Civil Aviation Safety Regulations 1998 further detail these regulations, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) for specific types of aircraft or aeronautical products. The policy objective of these regulations is to maintain and enhance the safety standards of aircraft operating within Australian airspace, in line with international obligations under the Convention on International Civil Aviation. This legislative framework ensures that Australia complies with global standards for airworthiness, while CASA acts as the national authority responsible for enforcing these standards.
Scope and Application
The Civil Aviation Act 1988, alongside the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia to ensure the safety of air navigation. Pursuant to section 98 of the Act, the Governor-General is empowered to make regulations in the interest of air navigation safety. Regulation 39.001 specifically enables the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs, as specified in subregulation 39.001(5), are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and thus considered legislative instruments under the Legislative Instruments Act 2003. The ADs are integral to the continuing airworthiness of aircraft as per Annex 8 to the Convention on International Civil Aviation, with the State of Design having primary responsibility for providing necessary information to ensure airworthiness. In Australia, CASA, as the national airworthiness authority, assesses these directives from the State of Design and, when necessary, issues corresponding Australian ADs to enforce the requirements on registered aircraft. For instance, in response to an AD issued by the Federal Aviation Administration (FAA) affecting Boeing Model 737 aircraft, CASA issued Australian AD/B737/113, Amendment 1, which supersedes the previous AD and is set to become effective on 29 September 2005. This process does not involve public consultation or require a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. This broad authority includes the power to issue airworthiness directives (ADs), as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD is a legislative instrument, which means it has the force of law, as per section 6 of the Legislative Instruments Act 2003. According to subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, these directives are disallowable instruments under section 46A of the Acts Interpretation Act 1901.
Under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is mandated to issue ADs for specific types of aircraft or aeronautical products. The process involves CASA assessing information from the State of Design—the country responsible for the aircraft’s design—and, if necessary, issuing an Australian AD to enforce the State of Design’s requirements. For example, in the case of the Boeing Model 737, the Federal Aviation Administration (FAA) issued AD 2002-20-07, which CASA then assessed and issued as Australian AD/B737/113, Amendment 1, effective from 29 September 2005. This directive replaces the previous issue and aligns with Australia's obligations under the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on the parties involved are substantial. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 of the Convention on International Civil Aviation. This includes providing all necessary information to ensure the continuing airworthiness of a type to appropriate States of Registry. The State of Registry, on the other hand, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. CASA, as Australia's national airworthiness authority, must evaluate the information from the State of Design and issue appropriate ADs when necessary.
The Act also outlines specific consequences for non-compliance with ADs. The severity of these consequences can vary, but they are intended to ensure strict adherence to safety standards. Offences under the Civil Aviation Act 1988 can result in both civil and criminal penalties. For example, failing to comply with an AD can lead to civil penalties such as fines, and in more severe cases, criminal charges that may result in imprisonment. The exact penalties are not specified in the provided text, but they are designed to be stringent to uphold the high standards of air safety mandated by the legislation.