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 2000-15-12 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/B737/264, 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 legal framework governing all aspects of civil aviation in Australia, ensuring safety, efficiency, and order in the sector. One of its key provisions allows the Governor-General to make regulations for the safety of air navigation, which includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These directives are crucial for maintaining the continuing airworthiness of aircraft and aeronautical products, as mandated by international standards under Annex 8 to the Convention on International Civil Aviation. In response to an AD issued by the United States Federal Aviation Administration (FAA) concerning Boeing 737 aircraft, CASA issued Australian AD/B737/264, reflecting Australia’s commitment to international safety standards and its obligations under the Convention. This directive, which will become effective on 22 December 2005, exemplifies the interplay between national regulatory requirements and international aviation safety protocols.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes a framework for the regulation of civil aviation safety in Australia, including the issuance of airworthiness directives (ADs). Under this legislative structure, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific kinds of aircraft or aeronautical products to ensure the continuing airworthiness of aircraft registered in Australia. These ADs are legislative instruments that derive their authority from the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are issued in accordance with international obligations under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design responsibility for the continuing airworthiness of an aircraft type and mandates the provision of necessary information to the States of Registry. CASA, as the national airworthiness authority for Australia, assesses the ADs issued by the States of Design and, when appropriate, issues corresponding Australian ADs to enforce the necessary safety requirements. The ADs are issued without public consultation and do not require a Regulatory Impact Statement, reflecting their urgent nature and the reliance on international standards and agreements.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. This includes the authority to issue airworthiness directives (ADs) as outlined in regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD is a legislative instrument that pertains to particular types of aircraft or aeronautical products, as clarified in subregulation 39.001(5). This regulatory framework is in line with Annex 8 to the Convention on International Civil Aviation, which designates the State of Design with the overarching responsibility for the ongoing airworthiness of an aircraft type, necessitating the provision of essential information to the appropriate States of Registry.
In terms of obligations, the State of Registry is responsible for ensuring the continuing airworthiness of individual aircraft. This entails developing or adopting requisite requirements to maintain airworthiness standards as stipulated in Annex 8. When an AD is issued by the State of Design, such as the US FAA's AD 2000-15-12 affecting Boeing 737 aircraft, CASA, as Australia's national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements set forth by the State of Design. This is exemplified by CASA's issuance of Australian AD/B737/264 in response to the US FAA's directive, which will take effect on 22 December 2005.
Regarding civil and criminal consequences, the Civil Aviation Safety Regulations 1998 do not specify particular offences or penalties for non-compliance with ADs. However, the overarching legal framework of the Civil Aviation Act 1988 and associated regulations do provide for a range of enforcement measures which could be applied in cases of non-compliance. These measures may include fines, imprisonment, or other penalties as deemed appropriate by the courts. It is important to note that non-compliance with ADs can lead to serious safety implications, potentially resulting in severe civil or criminal liability under the broader aviation safety laws.