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 has issued a corrected version of AD 2005-05-17 affecting Boeing 737 model aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/B737/238, Amendment 1, which will become effective on 7 July 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, enacted by the Australian Parliament, was established to ensure the safety and efficiency of civil aviation within Australia, addressing the need for a comprehensive legal framework governing civil aviation operations. The Act empowers the Governor-General to make regulations in the interests of air navigation safety, which includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives serve as legislative instruments aimed at maintaining the continuing airworthiness of aircraft, aligning with international standards set forth by the International Civil Aviation Organization (ICAO) and the Convention on International Civil Aviation. The objective of this legislation is to ensure that aircraft registered in Australia meet the required safety standards by adhering to directives issued by the aircraft's State of Design and enforced by CASA, thereby safeguarding public safety and fulfilling Australia's international obligations.
Scope and Application
The Civil Aviation Regulations 1998, under the Civil Aviation Act 1988, mandate the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority, in the interests of ensuring the safety of air navigation. Specifically, regulation 39.001 empowers CASA to issue ADs for certain types of aircraft or aeronautical products, and subregulation 39.001(5) confirms that such ADs are considered disallowable instruments under the Acts Interpretation Act 1901. This means that ADs are legislative instruments that require approval in accordance with the Legislative Instruments Act 2003. These directives apply to the continuing airworthiness of aircraft, with the State of Design having overarching responsibility and the State of Registry tasked with implementing the necessary requirements. The issuance of Australian ADs is a direct response to ADs issued by the relevant State of Design, such as the United States Federal Aviation Administration for Boeing 737 model aircraft, and is made without public consultation due to Australia's international obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides a framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Specifically, section 98 of the Act allows the Governor-General to make regulations in the interests of safety, and regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions require the State of Design, which is the country responsible for the design of a particular aircraft type, to ensure the continuing airworthiness of the aircraft type and to provide necessary information to States of Registry. The State of Registry, which is the country where the aircraft is registered, must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When a State of Design issues an AD, CASA must assess this information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design.
In the context of the specific AD issued for the Boeing 737 model aircraft, CASA has assessed an AD issued by the United States Federal Aviation Administration (FAA) and has issued Australian AD/B737/238, Amendment 1. This AD, which cancels and replaces a previous issue, will become effective on 7 July 2005. Given the international nature of airworthiness requirements, no public consultation was required for this AD, and the Office of Regulatory Review determined that it does not require a Regulatory Impact Statement. The AD was made by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Breaching the requirements of an AD can lead to serious consequences. Under section 57 of the Civil Aviation Act 1988, an operator who fails to comply with an AD may face penalties, including fines of up to $126,000 for individuals and $630,000 for corporations, as well as potential criminal charges. Additionally, non-compliance can result in the grounding of the aircraft, which can have significant operational and financial impacts on the operator. The Civil Aviation Safety Regulations 1998 further detail the specific obligations and enforcement mechanisms related to ADs, ensuring that all parties involved adhere to the safety standards established by the legislation.