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 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, which will become effective on 12 May 2005.
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 was enacted to establish a legislative framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation and aircraft operations. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) to ensure that aircraft and aeronautical products remain airworthy. This legislative initiative was designed to address the need for consistent and effective oversight of aircraft airworthiness, aligning with international standards and obligations under the Convention on International Civil Aviation. The Act was passed by the Australian Parliament, reflecting a policy objective to enhance aviation safety by mandating CASA's authority to issue such directives. The ADs serve as a critical tool in maintaining the continuing airworthiness of aircraft, thereby safeguarding public safety and meeting Australia's international commitments.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) to ensure the safety of air navigation, with the Civil Aviation Safety Authority (CASA) being the national airworthiness authority in Australia. Pursuant to the Act and Regulations, CASA can issue ADs for specific kinds of aircraft or aeronautical products to maintain or improve the airworthiness of these items. These ADs are considered legislative instruments and are subject to disallowance by Parliament. Geographically, the Act and Regulations apply nationally, reflecting Australia's obligations under international civil aviation conventions, particularly Annex 8, which assigns responsibility for the continuing airworthiness of aircraft types to their State of Design and mandates the States of Registry to implement necessary requirements. The issuance of ADs by CASA is triggered by assessments of ADs issued by the relevant State of Design, such as the United States for Boeing 737 models. These ADs become effective without public consultation, as they are aligned with international obligations, and do not require a Regulatory Impact Statement. The ADs are made by authorised CASA officials in accordance with the legislative framework provided by the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, allows the Governor-General to make regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. An AD, as defined in subregulation 39.001(5), is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is thus a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Regulations 1998 include CASA’s responsibility to assess and potentially issue an Australian AD when the State of Design, in this case the United States, issues an AD for a type of aircraft registered in Australia. The State of Registry, which in this context is Australia, must ensure the continuing airworthiness of aircraft by adopting or developing requirements to meet international standards as outlined in Annex 8 to the Convention on International Civil Aviation. This involves CASA evaluating the AD issued by the FAA and determining its applicability and necessity for Australian-registered aircraft.
Non-compliance with an airworthiness directive can lead to severe consequences. Under the Civil Aviation Act 1988, failure to adhere to an AD can result in significant penalties. These may include fines and imprisonment, as stipulated under the relevant sections of the Act. Furthermore, operating an aircraft that does not comply with an AD can result in the aircraft being deemed airworthy, which could have dire implications for safety and legality in air navigation.
In summary, the issuance of an airworthiness directive by CASA is a critical component of ensuring the safety and compliance of aircraft registered in Australia, mandated by both national and international aviation standards. The process and authority for issuing these directives are clearly defined within the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, with significant penalties for non-compliance.