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 United States FAA issued AD 99-21-15, affecting Boeing 737 type aircraft, in 1999. The United States is the State of Design for these types. As a result of a request from industry, CASA has amended the equivalent Australian AD to allow compliance with later service bulletin revisions. The amended AD, AD/B737/119 Amendment 3, will become effective on 21 December 2006. 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, New Technologies and Systems, 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 Commonwealth Parliament, is the primary legislation governing civil aviation in Australia. This Act provides the framework for ensuring the safety and efficiency of civil aviation, and includes provisions for the regulation of air navigation, aircraft registration, and the issuance of airworthiness directives. One of the key problems the Act addresses is the need to maintain a high standard of safety in civil aviation, both domestically and in accordance with international standards. The Civil Aviation Safety Regulations 1998 further operationalise these objectives by, among other things, providing the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives. These directives serve to mandate safety requirements for specific types of aircraft or aeronautical products, ensuring that aircraft continue to meet the necessary safety standards throughout their operational lives. The authority to issue these directives is grounded in the international obligation of States of Design to provide information that ensures the continuing airworthiness of aircraft types, and the corresponding responsibility of States of Registry to implement and enforce such directives.
Scope and Application
The Civil Aviation Act 1988 applies to any person or entity involved in civil aviation activities within Australia, including pilots, aircraft manufacturers, maintenance organisations, and aviation service providers. The Act encompasses a wide range of conduct and transactions related to civil aviation operations, maintenance, and safety. The Civil Aviation Safety Regulations 1998, which are subordinate instruments under the Act, further specify the regulatory framework and include provisions for the issuance of airworthiness directives (ADs). These ADs apply to specific types of aircraft or aeronautical products and are mandated by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft registered in Australia. The ADs must align with international standards as stipulated in Annex 8 to the Convention on International Civil Aviation. Geographic reach extends nationally, as CASA is Australia’s national airworthiness authority and must ensure compliance with international standards for aircraft registered within its jurisdiction. There are no specific exclusions or thresholds mentioned in the explanatory statement, though the application of ADs is typically contingent on the type of aircraft and the specific airworthiness concerns identified by the State of Design. The ADs are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, outlines the framework for the issuance and management of airworthiness directives (ADs). Under section 98 of the Act, the Governor-General has the authority to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs serve as legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901 and governed by section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions require CASA to act in accordance with international standards, particularly under Annex 8 to the Convention on International Civil Aviation. The State of Design is tasked with ensuring the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. The State of Registry, in turn, must develop or adopt requirements to maintain the airworthiness of individual aircraft. When the State of Design issues an AD, CASA must assess this information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. For example, following an AD issued by the United States Federal Aviation Administration (FAA) concerning Boeing 737 type aircraft, CASA issued an amended AD to align with later service bulletin revisions, ensuring compliance and safety.
Failure to comply with an AD can result in serious consequences. Under section 84A(2) of the Civil Aviation Act 1988, non-compliance with an AD can be considered an offence, potentially leading to both civil and criminal penalties. Civil penalties may include fines, while criminal penalties could involve imprisonment, reflecting the severity of disregarding airworthiness directives. The precise penalties are determined by the specific circumstances of the non-compliance and the relevant sections of the Act, but the overarching aim is to enforce stringent safety measures to protect the public and ensure the safety of air navigation.