CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 2004-15-04, affecting Boeing 737 model aircraft, in 2004. The United States is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to add an alternate method of compliance. The amended AD, AD/B737/125 Amendment 2, will become effective on 9 February 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 Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations necessary for the purposes of the Act and in the interests of the safety of air navigation. Specifically, under section 98 of the Act, the Civil Aviation Safety Regulations 1998 were established to include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to maintain the airworthiness of aircraft and aeronautical products. The objective of these regulations is to align with international standards, particularly those set by the International Civil Aviation Organization (ICAO), and to address the continuing airworthiness of aircraft as mandated by the Convention on International Civil Aviation. This AD, issued by CASA under regulation 39.001(5) of the Civil Aviation Safety Regulations 1998, serves to mandate the requirements of the State of Design, in this case, the United States for Boeing 737 model aircraft, in accordance with Australia’s international obligations and domestic safety standards.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Regulations 1998, applies to all aircraft and aeronautical products registered in Australia and is administered by the Civil Aviation Safety Authority (CASA). This legislation mandates that CASA, Australia's national airworthiness authority, must assess and implement airworthiness directives (ADs) issued by the State of Design for types of aircraft registered in Australia, ensuring compliance with international safety standards under the Convention on International Civil Aviation. ADs serve as a crucial mechanism for maintaining the continuing airworthiness of aircraft and are binding on the State of Registry, which must adopt these directives to mandate necessary safety measures. The ADs are legislative instruments subject to disallowance and oversight, and while they are issued in response to international obligations, they do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The main operative sections of this legislation include section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus constitutes a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. These provisions ensure that CASA, as Australia's national airworthiness authority, can effectively mandate safety requirements in response to international standards and State of Design directives.
The obligations imposed by the Act and regulations primarily rest on CASA, which must assess and, if necessary, issue ADs to ensure the continuing airworthiness of aircraft registered in Australia. This includes the responsibility to review information from the State of Design, such as the United States Federal Aviation Administration (FAA) in the case of Boeing 737 model aircraft, and determine if a corresponding AD is required in Australia. CASA is also tasked with amending these directives when appropriate, such as when industry requests an alternate method of compliance. The State of Registry is also responsible for developing or adopting requirements to ensure the continuing airworthiness of aircraft, which aligns with international obligations under the Convention on International Civil Aviation.
Under this legislation, any breach of the requirements stipulated in an AD could result in significant consequences for the entities governed by it. For example, failure to comply with an AD could lead to the grounding of aircraft, which could in turn have severe safety and operational implications. Although specific penalties are not detailed in the provided text, non-compliance with aviation safety regulations generally can result in substantial fines, enforcement actions, and potential criminal charges for individuals or corporations found in breach. The severity of penalties can vary based on the nature and extent of the violation, but the overarching intent is to enforce strict compliance to maintain the highest safety standards in air navigation.
It is worth noting that, as outlined in the explanatory statement, ADs do not require public consultation or a Regulatory Impact Statement. This is due to their nature as safety-critical measures that are typically issued in response to urgent safety concerns or international obligations. The streamlined process ensures that safety directives can be implemented swiftly to address potential hazards without unnecessary delays. The AD in question, AD/B737/125 Amendment 2, was made by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988, further underscoring the authority's commitment to efficient and effective safety management.