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 2005-04-01 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/B737/239, 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 provide for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations in the interest of air navigation safety. In particular, the Civil Aviation (Airworthiness) Regulations 1998 authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives serve as legislative instruments, enabling CASA to mandate safety requirements in line with international standards, particularly those set forth in Annex 8 to the Convention on International Civil Aviation. The objective is to ensure the continuing airworthiness of aircraft registered in Australia by aligning with directives issued by the aircraft's State of Design, such as the United States Federal Aviation Administration (FAA) for Boeing 737 models. This approach allows Australia to meet its international obligations while maintaining stringent safety standards domestically.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 establish the framework for ensuring the safety of air navigation in Australia, with specific focus on the issuance of airworthiness directives (ADs). Under section 98 of the Act, the Governor-General is empowered to make regulations for the Act's purposes, and in the interests of air navigation safety. Regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. These ADs serve as a means to ensure the continuing airworthiness of aircraft, aligning with international standards as set out in Annex 8 to the Convention on International Civil Aviation. The State of Design has the primary responsibility for the airworthiness of an aircraft type, while the State of Registry, in this case CASA, must ensure the airworthiness of individual aircraft within its jurisdiction. In response to international obligations and directives from States of Design such as the United States, CASA issues corresponding Australian ADs to enforce necessary safety measures. Notably, the issuance of such ADs does not require public consultation or a Regulatory Impact Statement, as they are mandated by international agreements and the specific need to address safety concerns raised by the State of Design.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations under this legislation primarily focus on the roles of the State of Design and the State of Registry. The State of Design, which in this context is the United States for Boeing 737 aircraft, has the responsibility to provide necessary information to ensure the continuing airworthiness of the aircraft type. CASA, as Australia's national airworthiness authority, must assess this information and, if appropriate, issue an Australian AD to mandate the requirements. The State of Registry, which would be Australia in this instance, is responsible for ensuring the continuing airworthiness of the individual aircraft and must develop or adopt requirements to meet this responsibility.
In terms of potential consequences, any breach of the requirements set out in an airworthiness directive could result in severe civil or criminal penalties. Under section 39 of the Civil Aviation Act 1988, a person who contravenes a provision of a regulation can be fined up to $202,500 for an individual and $1,012,500 for a body corporate. Additionally, under section 40, a person who causes the operation of an aircraft in a manner that contravenes a regulation is liable to a penalty of up to $506,250 for an individual and $2,531,250 for a body corporate. These penalties highlight the importance of adhering to the ADs to maintain the safety and airworthiness of aircraft operating in Australia.