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/B737/138 Amendment 1, 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 was enacted to establish a framework for the regulation of civil aviation in Australia, with a strong emphasis on safety. One of its key provisions allows the Governor-General to make regulations for the purposes of the Act, specifically in the interests of the safety of air navigation. This authority was exercised in the creation of the Civil Aviation Safety Regulations 1998, under which the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives serve as legislative instruments, necessary to ensure the continuing airworthiness of aircraft registered in Australia, and are issued in accordance with Australia’s obligations under the Convention on International Civil Aviation. The process of issuing such directives, particularly in response to international standards set by the State of Design, ensures that Australian aviation maintains high safety standards and complies with global regulatory requirements.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) in Australia, ensuring the continuing airworthiness of aircraft and aeronautical products. The Act applies to the Civil Aviation Safety Authority (CASA), which, as Australia's national airworthiness authority, is responsible for assessing and issuing ADs when required. This regulatory approach is in line with Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which delineates the responsibilities of States of Design and States of Registry. The ADs are legislative instruments that mandate compliance for the specified types of aircraft registered in Australia. These directives are typically issued in response to ADs issued by the State of Design, such as the United States for Boeing 737 type aircraft, and they become effective as specified. Given their nature and the international obligations underpinning them, these ADs are not subject to public consultation or a Regulatory Impact Statement. The issuance of ADs is carried out by authorised personnel within CASA, adhering to the legislative requirements set forth in the Act.
Key Provisions
The Civil Aviation Act 1988, under section 98, grants the Governor-General the authority to establish regulations aimed at ensuring the safety of air navigation. This legislative framework is further detailed in regulation 39.001 of the Civil Aviation Safety Regulations 1998, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are considered legislative instruments as per subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003. This regulatory approach aligns with Annex 8 of the Convention on International Civil Aviation, which designates the State of Design with overall responsibility for the continuing airworthiness of aircraft types and requires them to provide necessary information to the States of Registry.
Under this Act and its associated regulations, both the State of Design and the State of Registry have distinct roles in ensuring the airworthiness of aircraft. The State of Design, such as the United States in the case of Boeing 737 aircraft, must provide information and issue ADs to maintain the airworthiness of aircraft types. Meanwhile, the State of Registry, represented in Australia by CASA, is responsible for assessing this information and, if necessary, issuing its own ADs to mandate compliance with the requirements set by the State of Design. This was exemplified in the issuance of AD/B737/138 Amendment 1, which was issued by CASA in response to a United States AD and amended to allow compliance with later service bulletin revisions.
The obligations imposed by this Act and the regulations primarily focus on ensuring that CASA, as the national airworthiness authority, evaluates and, if necessary, issues ADs that align with international standards and obligations. This process is rigorous and follows established protocols to ensure that any AD issued is consistent with the requirements of the Convention on International Civil Aviation and other relevant international agreements. The ADs are designed to ensure that aircraft remain airworthy and safe to operate, reflecting the highest safety standards set forth by the ICAO Contracting States.
Regarding the consequences of non-compliance, the Civil Aviation Safety Regulations 1998 and related legislative frameworks establish significant penalties for breaches of airworthiness directives. Failure to comply with an AD can result in severe civil and criminal penalties, including fines and imprisonment, depending on the severity of the breach and the impact on aviation safety. The maximum penalties are set out in the Civil Aviation Act 1988 and can include substantial fines for corporations and imprisonment for individuals, underscoring the critical importance of adhering to these safety regulations. CASA is empowered to enforce these penalties to ensure that all parties comply with the mandated airworthiness standards.