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 2009-16-14 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/B737/250 Amendment 2, which will become effective on
24 September 2009. This AD cancels and replaces the previous issue.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legislative framework for the regulation of civil aviation in Australia, with a strong emphasis on safety. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, which includes the issuance of airworthiness directives (ADs) to ensure that aircraft and aeronautical products meet specific safety standards. The Civil Aviation Safety Regulations 1998 further operationalise this by allowing the Civil Aviation Safety Authority (CASA) to issue ADs for particular kinds of aircraft or aeronautical products. In alignment with international obligations under Annex 8 of the Convention on International Civil Aviation, the State of Design of an aircraft type holds primary responsibility for the aircraft's continuing airworthiness, while the State of Registry must implement the requirements to maintain this airworthiness. CASA, acting on behalf of Australia, assesses information from the State of Design and issues corresponding Australian ADs to ensure compliance with international safety standards. This process underscores the importance of harmonising national regulations with international standards to maintain safety across the global aviation industry.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, mandate that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. Such directives are issued to ensure the safety of air navigation and align with Australia's commitments under the Convention on International Civil Aviation. The ADs are legislative instruments and must be assessed and potentially adopted by CASA when issued by the State of Design, in this case the United States for Boeing B737 model aircraft. The State of Registry, in this instance Australia, is responsible for the continuing airworthiness of the aircraft, and CASA must ensure that Australian regulations meet international standards. The ADs do not require public consultation or a Regulatory Impact Statement as they are a direct response to international safety directives. The ADs are formulated by CASA's Airworthiness and Engineering Branch, following the legislative framework and obligations under international aviation conventions.
Key Provisions
The Civil Aviation Act 1988, and the associated Civil Aviation Safety Regulations 1998, establish a framework for ensuring the safety of air navigation in Australia. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to create regulations for the safety of air navigation, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. An airworthiness directive, as defined in subregulation 39.001(5), is a legislative instrument that can be disallowed under section 46A of the Acts Interpretation Act 1901, and is regulated under the Legislative Instruments Act 2003.
Under these provisions, CASA is responsible for ensuring the continuing airworthiness of aircraft registered in Australia. This obligation aligns with the requirements set forth in Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type. When the State of Design, in this case the United States, issues an AD for a type of aircraft registered in Australia, CASA must review the directive and, if necessary, issue an Australian AD to enforce the requirements. This was the case with AD 2009-16-14 issued by the US Federal Aviation Administration (FAA) concerning Boeing B737 model aircraft, which CASA has assessed and replaced with Australian AD/B737/250 Amendment 2.
Entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 must adhere to the airworthiness directives issued by CASA. These directives may mandate inspections, repairs, or modifications to ensure the safety of the aircraft. Operators of affected aircraft are required to comply with the specified timelines and procedures outlined in the ADs to maintain their aircraft's airworthiness. Failure to comply with an AD can result in serious safety risks and may lead to severe consequences for the operator.
Breaches of the Civil Aviation Safety Regulations 1998, including non-compliance with airworthiness directives, can result in both civil and criminal penalties. Civil penalties may include fines, while criminal penalties may include imprisonment. The specific penalties depend on the nature and severity of the breach. For example, knowingly causing an aircraft to be used in a manner that contravenes the regulations can result in a fine of up to 5,000 penalty units or imprisonment for up to five years, or both, under section 263 of the Civil Aviation Act 1988. The seriousness of the consequences underscores the importance of adhering to the airworthiness directives issued by CASA.