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 2005-07-19 affecting Boeing Model 737 aircraft. USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B737/242, 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 was enacted to regulate civil aviation in Australia, ensuring safety and efficiency in air navigation. This Act grants the Governor-General the authority to make regulations under section 98, with a specific focus on the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under this Act, further detail the requirements for maintaining airworthiness, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The objective of these regulations is to align with international standards as outlined in Annex 8 of the Convention on International Civil Aviation, ensuring that Australia meets its obligations regarding the continuing airworthiness of aircraft. The Act and its regulations thus provide a framework for maintaining safety and compliance with international aviation standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, ensuring safety in air navigation. These ADs serve as legislative instruments that mandate requirements necessary for maintaining the continuing airworthiness of aircraft registered in Australia. The authority to issue ADs is derived from section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations for the Act’s purposes, and from regulation 39.001 of the Civil Aviation Safety Regulations 1998, which explicitly permits CASA to issue such directives. Under international obligations, notably Annex 8 to the Convention on International Civil Aviation, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, and must provide essential information to the States of Registry to ensure compliance. As Australia’s national airworthiness authority, CASA must evaluate any AD issued by the State of Design and, if deemed necessary, issue a corresponding Australian AD to enforce the requirements. This process ensures that Australian aircraft meet international safety standards, although specific public consultations or Regulatory Impact Statements are not required for these directives due to their alignment with international obligations.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance and enforcement of airworthiness directives (ADs). Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments as per section 46A of the Acts Interpretation Act 1901 and are subject to disallowance. The ADs are intended to ensure the continuing airworthiness of aircraft in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by the Act and Regulations on parties and entities are primarily centred around compliance with ADs issued by CASA. The State of Design, in this case, the United States of America, has the responsibility to issue ADs for the Boeing Model 737 aircraft, and CASA must assess these directives. If necessary, CASA will issue its own ADs to enforce the requirements set by the State of Design. The State of Registry, which is the country where the aircraft is registered, is also responsible for ensuring the continuing airworthiness of the aircraft, and must develop or adopt requirements to this end. CASA, as Australia’s national airworthiness authority, plays a critical role in translating international obligations into domestic regulatory requirements.
Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, there are specific civil and criminal consequences for non-compliance with ADs. Failure to adhere to the requirements set forth in an AD can result in severe penalties. While the exact penalties are not detailed in the provided text, non-compliance with airworthiness directives generally leads to enforcement actions that can include fines, suspension, or revocation of aircraft operating certificates, and potential criminal charges for more serious violations. These measures are designed to ensure that all stakeholders maintain the highest standards of aircraft safety and airworthiness.