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 2005-07-12 affecting Boeing Model 737 aircraft. USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B737/243, 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 ensure the safety and efficiency of civil aviation in Australia. It provides the legislative framework within which the Civil Aviation Safety Authority (CASA) operates, including the ability to issue airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, which are legislative instruments under the Legislative Instruments Act 2003, are essential for maintaining the continuing airworthiness of aircraft, a responsibility shared by the State of Design and the State of Registry as per Annex 8 of the Convention on International Civil Aviation. CASA, Australia’s national airworthiness authority, must assess and, if necessary, issue ADs in response to directives from the State of Design, ensuring compliance with international standards. The issuance of AD/B737/243 by CASA in response to an AD from the FAA exemplifies this process, reflecting Australia’s obligations under international aviation conventions.
Scope and Application
The Civil Aviation Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, ensuring compliance with safety standards. These directives are legislative instruments, as they fall under the purview of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. Airworthiness directives are issued in line with Annex 8 of the Convention on International Civil Aviation, which places the responsibility of ensuring an aircraft type’s continuing airworthiness on the State of Design and mandates that the State of Registry implement the necessary requirements for individual aircraft. For aircraft on the Australian Register, CASA, as the national airworthiness authority, must review directives issued by the State of Design and, if necessary, issue corresponding Australian ADs. For instance, in response to the Federal Aviation Administration's AD 2005-07-12 for Boeing Model 737 aircraft, CASA issued AD/B737/243, effective from 9 June 2005, without public consultation due to the international obligations under the Convention on International Civil Aviation. These airworthiness directives apply to all relevant aircraft operators and entities within Australia, ensuring that the standards and safety protocols established by international agreements are adhered to domestically.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to establish regulations for the Act, focusing on the safety of air navigation. Under this authority, 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. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, and are disallowable in terms of section 46A of the Acts Interpretation Act 1901.
Under these regulations, CASA is tasked with the responsibility of assessing and, when necessary, issuing Australian ADs in response to directives from the State of Design. The State of Design, which in this case is the United States for the Boeing Model 737, has the primary responsibility for the continuing airworthiness of the aircraft type, as per Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in this context is Australia, must ensure the continuing airworthiness of aircraft registered within its jurisdiction, and is obliged to develop or adopt requirements to this effect.
In the specific instance of AD 2005-07-12 issued by the Federal Aviation Administration (FAA) for Boeing Model 737 aircraft, CASA has assessed the AD and issued Australian AD/B737/243. This AD will take effect on 9 June 2005. Given that this AD is a response to international obligations and a directive from the relevant State of Design, no public consultation has been required. Additionally, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement.
The AD was issued by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act. This process ensures that CASA maintains its commitment to safety and compliance with international standards.
Failure to comply with ADs can result in significant consequences. Civil penalties for non-compliance with ADs can include fines up to a maximum of 200 penalty units, which as of 2023, is approximately AUD 42,500. Additionally, criminal penalties can apply, including fines up to 10,000 penalty units (approximately AUD 2.125 million) and imprisonment for up to five years for individuals, and higher penalties for corporations. These stringent measures underscore the importance of adhering to ADs in ensuring the continuing airworthiness of aircraft and maintaining safety standards in air navigation.