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 United States FAA has issued AD 2004-05-27 affecting Boeing model 737-200 aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/B737/254, 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, New Technologies and Systems, 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, serves to regulate and ensure the safety of civil aviation within Australia. This Act empowers the Governor-General to establish regulations that uphold the safety of air navigation. One such regulation, found in 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 directives are crucial for maintaining the continuing airworthiness of aircraft and are mandated by international standards set out in Annex 8 to the Convention on International Civil Aviation, which places the responsibility on the State of Design to provide necessary information to the State of Registry. CASA, as Australia's national airworthiness authority, assesses such information and, if deemed necessary, issues corresponding Australian ADs. This regulatory framework ensures compliance with international safety standards and facilitates the efficient dissemination of critical safety information to relevant stakeholders.
Scope and Application
The Civil Aviation Safety Regulations 1998 provide the framework under which airworthiness directives (ADs) can be issued to ensure the safety of aircraft within Australia. These regulations, made under the authority of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. The ADs are legislative instruments, subject to disallowance and oversight as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The issuance of these directives is necessitated by Australia's commitments under the Convention on International Civil Aviation, specifically Annex 8, which mandates that States of Design have the responsibility for the continuing airworthiness of aircraft types, while States of Registry must ensure the ongoing airworthiness of individual aircraft. In the case of foreign ADs, CASA must assess their relevance and applicability to aircraft registered in Australia and issue corresponding Australian ADs where necessary, as seen with the AD issued for Boeing model 737-200 aircraft in response to an AD from the United States Federal Aviation Administration. This process does not require public consultation or a Regulatory Impact Statement, reflecting its technical nature and the international obligations underpinning its issuance.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Act allows the Governor-General to make regulations that ensure the safety of air navigation. Regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. It is important to note that under subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and are thus legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations placed on parties and entities governed by this legislation are significant. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide all necessary information to the appropriate States of Registry. This includes issuing ADs to ensure the safety and airworthiness of aircraft types. The State of Registry, in turn, is obligated to develop or adopt requirements to maintain the airworthiness of individual aircraft registered within its jurisdiction. In the case of Australia, CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if necessary, issue an Australian AD to enforce the requirements. This is exemplified by the assessment of the United States Federal Aviation Administration’s AD 2004-05-27 and CASA's subsequent issuance of Australian AD/B737/254 for Boeing model 737-200 aircraft.
In terms of enforcement and consequences, the Act does not specify particular offences related to the issuance or compliance with ADs. However, failure to comply with ADs can lead to severe consequences, including the grounding of aircraft, which is a significant regulatory action. The penalties for non-compliance are not explicitly detailed in the provided text but are likely to include administrative fines, enforcement actions, and potential criminal charges in cases of gross negligence or willful disregard of safety directives. The serious nature of non-compliance with airworthiness directives is underscored by the potential for significant civil and criminal repercussions, which can result in substantial financial penalties and imprisonment, reflecting the high stakes involved in maintaining air safety standards.