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 issued AD 98-11-04 R1, affecting Boeing B737 aircraft, in 1998. The USA is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to update the reference to the Boeing documents called out in the directive. The amended AD, AD/B737/12 Amendment 1, will become effective on 16 February 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, 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 provide a comprehensive framework for civil aviation safety in Australia, addressing the need for effective regulation to ensure the safety of air navigation. Under the authority granted by section 98 of the Act, the Governor-General has the power to make regulations that serve the interests of air navigation safety. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. The policy objective of these regulations is to align Australian aviation safety standards with international obligations under the Convention on International Civil Aviation, ensuring the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 and associated Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia, ensuring compliance with both national and international standards for aircraft safety. Under this legislation, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs concerning specific types of aircraft or aeronautical products, as stipulated in regulation 39.001. These ADs are legislative instruments that are subject to disallowance, as per section 46A of the Acts Interpretation Act 1901, and must be reviewed under the Legislative Instruments Act 2003. The issuance of ADs is integral to maintaining the continuing airworthiness of aircraft, a responsibility that is shared between the State of Design, which issues ADs for aircraft types, and the State of Registry, which implements these directives for specific aircraft within its jurisdiction. In the case of Boeing B737 aircraft, CASA updates and issues Australian ADs in response to directives from the US Federal Aviation Administration, reflecting Australia’s commitment to the Convention on International Civil Aviation. These directives are enacted without public consultation and do not require a Regulatory Impact Statement, as they are directly linked to international safety standards and obligations.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998 relevant to airworthiness directives are sections 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue such directives for kinds of aircraft or aeronautical products, and subregulation 39.001(5), which specifies that an airworthiness directive is a disallowable instrument. This means that it is subject to the scrutiny and potential disallowance outlined in section 46A of the Acts Interpretation Act 1901, and is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003. Section 98 of the Civil Aviation Act 1988 supports the authority of CASA to make these regulations in the interest of air navigation safety.
The obligations imposed by these regulations primarily rest on CASA and the State of Registry of individual aircraft. CASA, as Australia's national airworthiness authority, is tasked with assessing information from the State of Design and issuing corresponding Australian airworthiness directives when necessary. The State of Registry, on the other hand, is responsible for the continuing airworthiness of aircraft on the Australian Register. This involves developing or adopting requirements to ensure that aircraft remain airworthy, and complying with airworthiness directives issued by CASA.
Failure to comply with an airworthiness directive can lead to serious consequences. Non-compliance may result in the aircraft being deemed unairworthy, which could lead to grounding and potential enforcement actions. In terms of specific offences, penalties, or civil/criminal consequences, the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 do not explicitly state maximum penalties for non-compliance with airworthiness directives. However, general aviation offences under the Civil Aviation Act can lead to significant fines and, in some cases, imprisonment. For example, under section 48 of the Act, an individual who contravenes a direction by CASA may face a penalty of up to $16,500 for a strict liability offence and $82,500 for an offence requiring proof of fault. Additionally, CASA can take enforcement actions such as grounding the aircraft, imposing fines, or seeking prosecution for serious violations.