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 2005-20-39 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/B737/253, 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 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, addressing the need for a coordinated and effective approach to ensuring the safety and efficiency of air navigation. This Act grants the Governor-General the authority to make regulations that serve the interests of aviation safety, with the Civil Aviation Safety Regulations 1998 being a key instrument under this authority. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, making ADs a legislative instrument subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003 respectively. The policy objective underpinning these regulations is to ensure that Australian civil aviation maintains high safety standards in alignment with international obligations, particularly those set forth by the International Civil Aviation Organization (ICAO).
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, establishes a framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of aircraft and aeronautical products. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific types of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. These directives apply to the continuing airworthiness of aircraft registered in Australia and are mandated by the State of Design’s obligations under the Convention on International Civil Aviation. The State of Registry, in this case CASA, is responsible for ensuring these aircraft meet the necessary safety standards. The ADs, once issued by CASA, must be adhered to by aircraft operators within Australia, thereby impacting the aviation industry by setting mandatory safety requirements. While the issuance of ADs does not involve public consultation or require a Regulatory Impact Statement, it is a critical aspect of maintaining aviation safety in alignment with international standards.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, allows the Governor-General to create regulations that serve the interests of air navigation safety. Pursuant to this authority, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. Section 39.001(5) of the Civil Aviation Safety Regulations 1998 further clarifies that these ADs are considered disallowable instruments as per section 46A of the Acts Interpretation Act 1901, and are therefore legislative instruments under section 6 of the Legislative Instruments Act 2003. These directives are essential for ensuring the continuing airworthiness of aircraft, as mandated by Annex 8 of the Convention on International Civil Aviation.
Under the obligations outlined by Annex 8, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the appropriate States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the airworthiness of the aircraft within its jurisdiction. In the context of the Civil Aviation Act 1988, when a State of Design, such as the United States in this case, issues an AD, CASA, as Australia's national airworthiness authority, must assess this information. If deemed appropriate, CASA is required to issue an Australian AD that enforces the requirements set by the State of Design. For example, the Federal Aviation Administration (FAA) of the United States issued AD 2005-20-39 concerning Boeing 737 model aircraft. CASA assessed this directive and subsequently issued Australian AD/B737/253, which came into effect on 22 December 2005.
There are no obligations for public consultation on ADs issued under the Civil Aviation Act 1988, as they are issued in response to international obligations and requirements set by the relevant State of Design. Moreover, the Office of Regulatory Review has determined that these ADs do not require a Regulatory Impact Statement. The AD was 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.
Failure to comply with an AD can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to various penalties, including civil and criminal sanctions. The specific penalties depend on the nature and severity of the breach. For instance, operating an aircraft in violation of an AD can result in fines and, in more severe cases, imprisonment. The maximum penalties are set out in the Civil Aviation Regulations 1988, where penalties for non-compliance with ADs can include fines of up to $202,000 for corporations and $40,400 for individuals, along with potential imprisonment terms. These provisions ensure that ADs are enforced effectively to maintain the highest standards of aviation safety.