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/B737/130, Amendment 2, 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 provide a legislative framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. The Act grants the Governor-General the authority to make regulations under section 98, which are essential for maintaining the safety of air navigation. The Civil Aviation Safety Regulations 1998, which fall under this Act, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001. These ADs serve as legislative instruments and are subject to disallowance provisions under the Acts Interpretation Act 1901. The introduction of ADs addresses the need for continuing airworthiness information in line with international standards set by the International Civil Aviation Organization (ICAO), ensuring that Australia meets its obligations under the Convention on International Civil Aviation. CASA, as the national airworthiness authority, issues these directives to enforce safety measures when necessary, thereby fulfilling its responsibility under the State of Registry provisions of Annex 8.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are a critical tool in ensuring the continuing airworthiness of aircraft registered in Australia, aligning with the obligations under the Convention on International Civil Aviation. The ADs are legislative instruments that must be assessed and potentially issued by CASA when the State of Design issues corresponding directives, such as the FAA’s AD 2002-20-07 affecting Boeing Model 737 aircraft. CASA’s role as the national airworthiness authority includes evaluating these international directives and, if necessary, issuing Australian-specific ADs to ensure compliance and safety standards are met within the Australian jurisdiction. The issuance of these directives is governed by international agreements and domestic legislation, and does not typically require public consultation or a Regulatory Impact Statement, reflecting their technical nature and the urgency often associated with airworthiness issues.
Key Provisions
The Civil Aviation Safety Regulations 1998 under section 39.001 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are legally binding instruments that are designed to address safety issues and ensure the continuing airworthiness of aircraft. Regulation 39.001(5) further specifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, it is classified as a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The ADs serve as a means for the State of Design to communicate necessary information to the States of Registry to maintain the airworthiness of aircraft. In accordance with Annex 8 of the Convention on International Civil Aviation, the State of Design bears the responsibility of ensuring the continuing airworthiness of an aircraft type and must provide any required information to the appropriate States of Registry. CASA, as Australia's national airworthiness authority, is tasked with assessing information from the State of Design and, if necessary, issuing an Australian AD to enforce the requirements set forth by the State of Design.
For example, the Federal Aviation Administration (FAA) has issued AD 2002-20-07 affecting Boeing Model 737 aircraft. As the USA is the State of Design for this type, CASA has assessed this AD and issued Australian AD/B737/130, Amendment 2, which will take effect on 29 September 2005. This new AD cancels and replaces the previous issue. Given that this AD is issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, no consultation of the Australian public has taken place. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
Breaching the requirements of an airworthiness directive can result in serious consequences. The Civil Aviation Act 1988 outlines that any person who contravenes the provisions of an AD can be subject to civil penalties, which may include fines of up to $66,000 for individuals and $330,000 for corporations. In addition to civil penalties, such breaches may also lead to criminal charges and prosecution, potentially resulting in imprisonment. CASA has the authority to take enforcement actions, including grounding aircraft that do not comply with the AD requirements, to ensure the safety and airworthiness of aircraft operating in Australia.