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 87-02-05R1 affecting Boeing 737 100 and 200 series aircraft. The United States is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/B737/256, 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, provides the legislative framework for ensuring the safety of air navigation in Australia. This Act empowers the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, which in turn allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). These directives are essential tools for maintaining the continuing airworthiness of aircraft and aeronautical products, thereby addressing safety concerns and ensuring compliance with international standards as stipulated in Annex 8 of the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, is tasked with assessing and issuing these directives in response to information from the relevant State of Design, thereby fulfilling Australia’s obligations under the Convention and ensuring the safe operation of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), Australia’s national airworthiness authority. These directives apply to aircraft and aeronautical products registered in Australia, ensuring compliance with safety standards established under international conventions, particularly Annex 8 to the Convention on International Civil Aviation. The State of Design, such as the United States for Boeing 737 100 and 200 series aircraft, has the primary responsibility for continuing airworthiness, and CASA, as the State of Registry, must issue corresponding Australian ADs when necessary. This process is conducted without public consultation and does not require a Regulatory Impact Statement as it is in direct response to international obligations. The issuance of such ADs is managed by CASA under the authority granted by the Civil Aviation Act and relevant regulations, with specific ADs being legislative instruments subject to disallowance.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (reg. 39.001). These directives are designed to address any safety concerns or issues that may arise with the aircraft types they cover. Importantly, under subregulation 39.001(5) of the same Regulations, ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are considered legislative instruments as per section 6 of the Legislative Instruments Act 2003. This means that while ADs have the force of law, they can be subject to disallowance by Parliament and must be registered in the Legislative Instruments Register.
Entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 have specific obligations regarding airworthiness directives. The State of Design, which is the country where the aircraft type is designed, must provide all necessary information to ensure the aircraft's continuing airworthiness, as stipulated in Annex 8 to the Convention on International Civil Aviation. Similarly, the State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the aircraft's continuing airworthiness. When a State of Design issues an AD, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design for aircraft registered in Australia.
Breach of the requirements set out in an airworthiness directive can result in serious consequences. The Civil Aviation Act 1988 and associated regulations establish various offences and penalties for non-compliance with ADs. Violating an AD can lead to criminal charges, with potential penalties including substantial fines and imprisonment. For instance, under section 102 of the Civil Aviation Act 1988, operating an aircraft contrary to an AD can result in a fine of up to $126,000 for a corporation and imprisonment for up to two years for an individual. Additionally, CASA has the authority to issue enforcement notices and can take legal action against entities that fail to comply with the ADs.
It is worth noting that the issuance of an AD, such as the Australian AD/B737/256 issued in response to the United States FAA's AD 87-02-05R1 for Boeing 737 100 and 200 series aircraft, does not require public consultation due to Australia's obligations under the Convention on International Civil Aviation. Moreover, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. This AD was 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, ensuring that the AD is issued in a manner consistent with legislative requirements.