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 2001-16-06 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/B737/260, 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 establish a framework for the regulation of civil aviation in Australia, with a focus on ensuring the safety of air navigation. Under this Act, the Governor-General has the authority to create regulations, including airworthiness directives, to enhance aviation safety. The Civil Aviation Safety Regulations 1998 further delineate the responsibilities of the Civil Aviation Safety Authority (CASA) in issuing such directives. According to regulation 39.001, CASA can mandate airworthiness directives for specific types of aircraft or aeronautical products, which are considered legislative instruments under the Acts Interpretation Act 1901. The enactment of these regulations addresses the need for standardised and internationally harmonised safety measures to ensure the continuing airworthiness of aircraft registered in Australia. The policy objective is to align Australian regulations with international standards, particularly under the Convention on International Civil Aviation, ensuring that the Australian civil aviation system maintains high safety standards in accordance with global practices.
Scope and Application
The Civil Aviation Safety Regulations 1998 apply to the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) as the national airworthiness authority in Australia. Regulation 39.001 empowers CASA to issue these directives concerning particular types of aircraft or aeronautical products to ensure the safety of air navigation. This regulatory action extends to mandating compliance with directives issued by the State of Design of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. For instance, when the United States Federal Aviation Administration issues an AD affecting Boeing 737 model aircraft, CASA must assess this information and, if necessary, issue an Australian equivalent to enforce these safety measures. The ADs are legislative instruments and are not subject to public consultation or a Regulatory Impact Statement as they arise from international obligations and specific safety concerns. This legislation applies nationally across Australia, with CASA's authority deriving from the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, outlines the framework for the issuance of airworthiness directives (ADs). Under section 98 of the Act, the Governor-General has the authority to make regulations that ensure the safety of air navigation. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. This regulatory power is further clarified under subregulation 39.001(5), which states that ADs are considered disallowable instruments, making them legislative instruments as per section 4 of the Legislative Instruments Act 2003.
The obligations imposed by the Act on the parties and entities it governs are primarily centred around ensuring the continuing airworthiness of aircraft. The State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry to maintain this airworthiness. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. CASA, as Australia’s national airworthiness authority, is mandated to assess ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to enforce the requirements.
Breach of ADs can lead to significant consequences. Under the Civil Aviation Act 1988, failure to comply with an AD can result in civil penalties. The maximum penalty for a serious breach can be substantial, often amounting to hundreds of thousands of dollars, depending on the severity and impact of the non-compliance. Additionally, non-compliance can lead to criminal penalties, including imprisonment, reflecting the serious nature of ensuring aviation safety. The Civil Aviation Safety Regulations 1998 further detail the enforcement mechanisms and penalties applicable for non-compliance with ADs, underscoring the importance of adhering to these directives to maintain safety standards in aviation.