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 FAA has issued AD 2005-05-18 affecting Boeing Model 737 aircraft. USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B737/241, which will become effective on 9 June 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 - Airframes, 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 Parliament of Australia, serves to regulate civil aviation within the country, primarily to ensure the safety of air navigation. This legislation empowers the Governor-General to issue regulations under section 98, with the Civil Aviation Safety Regulations 1998 further detailing the procedures for issuing airworthiness directives (ADs) for aircraft and aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003. The Act's policy objective aligns with international obligations under the Convention on International Civil Aviation, particularly concerning the responsibility of the State of Design for continuing airworthiness and the requirement for States of Registry to ensure compliance with airworthiness standards. Consequently, the Civil Aviation (Safety) Regulations 1998 mandate that the Civil Aviation Safety Authority (CASA) must issue Australian ADs in response to directives from States of Design, ensuring that Australian-registered aircraft meet international safety standards.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These directives apply to specific types of aircraft or aeronautical products and are intended to mandate safety measures and ensure continuing airworthiness, aligning with international obligations under the Convention on International Civil Aviation. The application of these ADs is primarily directed at aircraft registered within Australia, and CASA, as the national airworthiness authority, assesses international ADs issued by the State of Design, such as the FAA, to determine their relevance and necessity for Australian-registered aircraft. In this context, ADs are considered legislative instruments under the Legislative Instruments Act 2003, and they do not require public consultation or a Regulatory Impact Statement. CASA issues these directives to uphold safety standards and compliance with international aviation regulations.
Key Provisions
The Civil Aviation Act 1988, under section 98, allows the Governor-General to establish regulations for the purposes of the Act, particularly focusing on the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments as per section 46A of the Acts Interpretation Act 1901, and they are classified as legislative instruments under section 6 of the Legislative Instruments Act 2003.
In line with Annex 8 of the Convention on International Civil Aviation, the State of Design bears the primary responsibility for the continuing airworthiness of an aircraft type. This includes providing necessary information to ensure that the aircraft's type can maintain its airworthiness to the appropriate States of Registry. Airworthiness directives are the most common means through which this information is disseminated, and they are issued by most ICAO Contracting States. The State of Registry for an individual aircraft is tasked with ensuring its ongoing airworthiness. Under Annex 8, the State of Registry must establish or adopt requirements to maintain the airworthiness of aircraft. When the State of Design issues an AD against an aircraft type registered in Australia, CASA, as Australia's national airworthiness authority, must evaluate this information and, if deemed appropriate, issue an Australian AD to enforce the requirements of the State of Design.
In accordance with these provisions, the Federal Aviation Administration (FAA) has issued AD 2005-05-18 concerning Boeing Model 737 aircraft, with the United States being the State of Design for this type. CASA has reviewed this AD and subsequently issued Australian AD/B737/241, which is set to take effect on 9 June 2005. Given that this AD is issued due to Australia’s obligations under the Convention on International Civil Aviation and in response to an AD raised by the relevant State of Design, no public consultation has been conducted on this AD. Additionally, the Office of Regulatory Review has concluded that ADs do not necessitate a Regulatory Impact Statement. The AD has been promulgated by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose several obligations on parties and entities they govern. CASA is obligated to assess and, where necessary, issue ADs based on evaluations of ADs issued by the State of Design. States of Registry are responsible for ensuring the continuing airworthiness of aircraft, and they must implement the requirements set forth in ADs. Aircraft operators must comply with ADs, ensuring that their aircraft meet the specified airworthiness standards. Failure to comply with ADs can lead to significant civil and criminal penalties. Under section 91 of the Civil Aviation Act 1988, any person who contravenes an AD commits an offence and may be liable to a fine of up to $33,000 for individuals and $165,000 for corporations. Additionally, CASA has the authority to take enforcement actions, including grounding non-compliant aircraft, which can have severe operational and financial implications for airlines and aircraft operators.