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 issued AD 2004-06-18, affecting Boeing B737 aircraft, in 2004. The United States is the State of Design for these aircraft. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/B737/229 Amendment 1. The amended AD will become effective on 13 April 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, enacted by the Commonwealth Parliament, was introduced to provide a comprehensive framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations to facilitate these objectives, with a particular focus on the safety of air navigation. The Civil Aviation Safety Regulations 1998, which were made under the authority of the Act, include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to maintain the airworthiness of aircraft. These ADs are legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The objective of these regulations is to align Australian civil aviation practices with international standards, as set out in the Convention on International Civil Aviation, and to ensure that aircraft registered in Australia meet the necessary safety standards.
Scope and Application
The Civil Aviation Act 1988 applies to all aspects of civil aviation in Australia, including the issuance of airworthiness directives (ADs) under the authority of the Civil Aviation Safety Regulations 1998. Regulation 39.001 of these regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products, ensuring that these meet safety standards essential for the continuing airworthiness of aircraft. This regulatory framework is designed to maintain the highest safety standards in accordance with international obligations, particularly under Annex 8 to the Convention on International Civil Aviation. ADs are legislative instruments that must be assessed and potentially mandated by CASA, Australia’s national airworthiness authority, when issued by the State of Design of an aircraft. These directives are crucial for the continuing airworthiness of aircraft registered in Australia and must be complied with by all relevant entities and individuals within the aviation industry. The ADs are issued in response to international standards and do not require public consultation or a Regulatory Impact Statement, reflecting their technical and safety-focused nature.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, allow the Governor-General to make regulations that are necessary for the safety of air navigation (section 98). Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. An AD is a legislative instrument under section 6 of the Legislative Instruments Act 2003 and is subject to disallowance under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by the Act and the Regulations are twofold. Firstly, the State of Design, in this case the United States for Boeing B737 aircraft, has the responsibility under Annex 8 to the Convention on International Civil Aviation to ensure the continuing airworthiness of the aircraft type and must provide any necessary information to States of Registry. Secondly, the State of Registry, which in this instance is Australia through CASA, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. CASA is required to assess information provided by the State of Design and, if deemed appropriate, issue an Australian AD to mandate the requirements of the State of Design.
Failure to comply with ADs can result in severe consequences. Civil and criminal penalties may apply, although the specific penalties are not detailed in the provided text. The overarching aim is to ensure that all parties involved adhere to the continuing airworthiness requirements, which are paramount for the safety of air navigation. Breaches of these regulations could lead to enforcement actions by CASA, potentially resulting in fines or other legal actions against non-compliant entities or individuals.