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 2006-26-13, affecting Boeing B737 model aircraft, in 2006. 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 correct an erroneous document reference. The amended AD, AD/B737/174 Amendment 2, will become effective on 12 April 2007. 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 by the Parliament of Australia to provide a comprehensive legal framework for the regulation of civil aviation, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act, particularly in the interests of air navigation safety. In accordance with section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that require compliance to maintain the continuing airworthiness of aircraft registered in Australia. The policy objective underpinning these provisions is to ensure the highest standards of safety and airworthiness in line with international obligations, particularly those set forth in Annex 8 to the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988 applies to all matters relating to civil aviation in Australia, with the Civil Aviation Safety Regulations 1998 further detailing specific regulations, including those concerning the issuance of airworthiness directives (ADs). Under these regulations, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific kinds of aircraft or aeronautical products to ensure compliance with safety standards. The ADs are considered legislative instruments, and their issuance is subject to disallowance procedures as per the Acts Interpretation Act 1901. The scope of these regulations is broad, applying to all aircraft registered in Australia, and extends to ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). The ADs issued by CASA are in response to directives from the State of Design or based on Australia's obligations under international conventions, and they mandate the requirements necessary for the continuing airworthiness of aircraft. The process for issuing these directives does not require consultation with the Australian public, as determined by the Office of Regulatory Review, and they do not necessitate a Regulatory Impact Statement. This legislative framework ensures that all aircraft operating within Australia meet stringent safety standards, aligning with both national and international regulatory requirements.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for issuing airworthiness directives (ADs) for aircraft. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations necessary for the safety of air navigation, while 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. This regulatory power is further clarified in subregulation 39.001(5), which states that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and thus constitutes a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations require CASA, as Australia’s national airworthiness authority, to ensure the continuing airworthiness of aircraft registered in Australia. When an AD is issued by the State of Design, such as the United States Federal Aviation Administration (FAA) in the case of the Boeing B737 model aircraft, CASA must assess this information and, if appropriate, issue an equivalent Australian AD to mandate the requirements of the State of Design. This obligation ensures that Australian-registered aircraft meet the same safety standards as those mandated by the aircraft’s State of Design, as stipulated by Annex 8 to the Convention on International Civil Aviation.
Non-compliance with an AD is a serious matter under the Civil Aviation Act 1988. The Act imposes strict obligations on aircraft operators to adhere to the directives issued by CASA. Failure to comply with an AD can result in significant civil and criminal penalties. For example, under section 46 of the Act, a person who contravenes an AD can be liable for a civil penalty of up to $1.1 million for a corporation and $220,000 for an individual, as well as potential criminal penalties which may include imprisonment for up to five years. These stringent measures underscore the importance of adhering to airworthiness directives to maintain the highest safety standards in civil aviation.