CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY 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 US FAA has issued AD 2005-13-27 affecting Boeing B737 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B737/246, which will become effective on 1 September 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 Manager, Airframes in the Manufacturing, Certification and New Technologies Office, 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 and to ensure the safety of air navigation. Under section 98 of this Act, the Governor-General has the authority to make regulations for the purposes of the Act, particularly to enhance the safety of air navigation. Complementing this, the Civil Aviation Safety Regulations 1998 establish that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, ensuring that these directives align with the overarching goal of maintaining safety in civil aviation. The policy objective of this legislative framework is to ensure that the continuing airworthiness of aircraft is maintained in accordance with international standards, thereby fulfilling Australia's obligations under the Convention on International Civil Aviation. The ADs, as legislative instruments, play a crucial role in this process, particularly when issued in response to directives from the State of Design, such as the recent Australian AD/B737/246 in response to the US Federal Aviation Administration's AD 2005-13-27.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legal framework for ensuring the safety of air navigation in Australia. Under this legislative scheme, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products, as specified in regulation 39.001. These ADs are legislative instruments that can be disallowed under the Acts Interpretation Act 1901 and are subject to the Legislative Instruments Act 2003. The issuance of ADs aligns with international standards, particularly Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design retains responsibility for the continuing airworthiness of aircraft types and must provide necessary information to States of Registry. In Australia, CASA acts as the national airworthiness authority and is obligated to assess and, if necessary, issue Australian ADs in response to ADs from the relevant State of Design to ensure compliance with international obligations. This process does not require public consultation or a Regulatory Impact Statement, as it is driven by international agreements and the specific requirements of aircraft type certification.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework for issuing airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft. Under section 98 of the Act, the Governor-General has the authority to create regulations necessary for air navigation safety, while regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. This regulatory power is crucial for maintaining safety standards in aviation, as ADs are often the primary means of communicating continuing airworthiness information among states.
The obligations placed on the parties governed by the Act and the Regulations are significant. The State of Design, which is responsible for the design of the aircraft type, must provide all necessary information to ensure the aircraft's continuing airworthiness, as stipulated by Annex 8 to the Convention on International Civil Aviation. The State of Registry, which is responsible for the individual aircraft, must implement or adopt requirements to ensure that each aircraft remains airworthy. When the State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must assess this information and, if necessary, issue an Australian AD that mandates the State of Design’s requirements.
Breaching the provisions of an AD can lead to serious consequences. The ADs are legislative instruments under the Legislative Instruments Act 2003, and thus carry legal weight. Failure to comply with the requirements of an AD can result in the aircraft being deemed unairworthy, which could lead to enforcement actions against the aircraft operator. The specific penalties for non-compliance are not detailed in the text but can include fines, suspension of the aircraft's certificate of airworthiness, or other regulatory sanctions. The severity of these penalties is designed to ensure that all stakeholders adhere to the continuing airworthiness requirements set forth by the ADs.