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 2005-20-16 affecting Boeing 737 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B737/252, which will become effective on 22 December 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, enacted by the Commonwealth Parliament, establishes a framework for ensuring the safety and efficiency of civil aviation in Australia. This legislation grants the authority to make regulations for the purposes of the Act, particularly focusing on the safety of air navigation. The Civil Aviation Safety Regulations 1998 further detail these provisions, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The policy objective of these regulations is to maintain and enhance the safety standards in civil aviation, aligning with international obligations and best practices as set forth by the International Civil Aviation Organization (ICAO). The issuing of ADs ensures that aircraft maintain their airworthiness, responding to identified safety issues or necessary modifications, thereby protecting both the public and the aviation industry.
Scope and Application
The Civil Aviation Act 1988, as supported by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) to ensure the safety of air navigation in Australia. Under this legislative framework, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products as per regulation 39.001. These directives are legislative instruments that must adhere to the requirements of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The legislation applies to all entities involved in the design, manufacture, and operation of aircraft registered in Australia, ensuring that these entities comply with international standards set by the Convention on International Civil Aviation. The geographic scope of these regulations is national, affecting all aircraft and aeronautical products within Australian jurisdiction. While the Act and its subordinate regulations do not explicitly state exclusions or exemptions, the issuance of ADs is primarily reactive to directives from the aircraft's State of Design, thereby limiting the scope of independent Australian-issued ADs. This interconnected regulatory approach underscores Australia's commitment to international aviation safety standards, as mandated by the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, grants the Governor-General the authority to establish regulations aimed at ensuring the safety of air navigation. The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901. According to Annex 8 to the Convention on International Civil Aviation, the State of Design, which is responsible for the overall airworthiness of an aircraft type, must provide necessary information to ensure continuing airworthiness to the States of Registry.
Under the Civil Aviation Safety Regulations 1998, the State of Registry is tasked with developing or adopting requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When a State of Design issues an AD against a type of aircraft registered in Australia, CASA must evaluate this information and, if appropriate, issue an Australian AD to enforce the requirements set by the State of Design. For instance, the US Federal Aviation Administration (FAA) issued AD 2005-20-16 for Boeing 737 model aircraft, which CASA assessed and subsequently issued as Australian AD/B737/252, effective from 22 December 2005. Due to Australia’s obligations under the Convention on International Civil Aviation and the necessity to respond to an AD from the relevant State of Design, no public consultation was required for this AD. Additionally, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on CASA include the responsibility to issue ADs based on the assessments of information provided by the State of Design. CASA must ensure that the ADs issued comply with the safety standards required under the Convention on International Civil Aviation and that these directives are effectively communicated to the relevant stakeholders. The State of Registry must also ensure that the aircraft under its jurisdiction meet the continuing airworthiness requirements set forth in the ADs. Failure to comply with these obligations can result in significant safety risks and potential legal consequences.
Under the Civil Aviation Act 1988, breaches of the ADs can result in both civil and criminal penalties. Civil penalties may include fines and other monetary sanctions, while criminal penalties may involve imprisonment, particularly in cases where the breach has caused serious harm or death. The maximum penalties for non-compliance with ADs can vary depending on the severity of the breach, but they are intended to enforce compliance with the safety regulations and ensure the continued safety of air navigation. CASA has the authority to enforce these penalties and may take appropriate action against entities or individuals found in violation of the ADs.