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 2000-03-05 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/B737/265, 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 for the safety and efficiency of civil aviation within Australia, addressing the need for comprehensive regulatory oversight to ensure the safe operation of aircraft. The Act empowers the Governor-General to make regulations for the purposes of the Act, particularly focusing on the safety of air navigation. In line with this objective, regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby ensuring the continuing airworthiness of aircraft registered in Australia. These ADs are legislative instruments, as specified under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The issuing of ADs is integral to fulfilling Australia's obligations under international conventions such as Annex 8 to the Convention on International Civil Aviation, which places the responsibility for the continuing airworthiness of aircraft types on the State of Design and requires States of Registry to ensure the safety of individual aircraft.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby ensuring the ongoing safety of air navigation in Australia. These ADs are legislative instruments under the Legislative Instruments Act 2003 and are integral to maintaining the airworthiness of aircraft registered in Australia. They are issued in response to obligations under the Convention on International Civil Aviation, particularly when a State of Design issues a directive affecting an aircraft type registered in Australia. For example, CASA has issued AD/B737/265 in response to the US Federal Aviation Administration's AD 2000-03-05 for Boeing 737 model aircraft, reflecting Australia's commitment to international safety standards. The AD applies to all aircraft operators who possess or operate affected aircraft types within Australian jurisdiction, ensuring compliance with the specified safety measures. While the AD is issued without public consultation, it is mandated by international conventions and CASA's duty to uphold air navigation safety.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 set forth the framework for ensuring the safety and airworthiness of aircraft within Australia. Section 98 of the Act allows the Governor-General to make regulations that serve the interests of air navigation safety, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (sections 98 and 39.001). An AD, as stipulated in subregulation 39.001(5), is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is treated as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are critical for maintaining the safety standards set out in Annex 8 to the Convention on International Civil Aviation, which places the responsibility for the continuing airworthiness of aircraft types on the State of Design. This means that the country where the aircraft is designed must provide necessary information to ensure its airworthiness. The State of Registry, which is the country where the aircraft is registered, must also develop or adopt requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction (Annex 8). When a State of Design issues an AD for a type of aircraft registered in Australia, CASA, as Australia's national airworthiness authority, must assess this information and, if necessary, issue its own AD to enforce the requirements stipulated by the State of Design.
The issuance of ADs is a global practice, with most International Civil Aviation Organization (ICAO) Contracting States, including the United States, issuing such directives. For example, the US Federal Aviation Administration (FAA) issued AD 2000-03-05 concerning Boeing 737 model aircraft, and CASA has subsequently issued Australian AD/B737/265, effective from 22 December 2005. Given that these directives arise from Australia's obligations under the Convention on International Civil Aviation and are a response to an AD issued by the relevant State of Design, no public consultation has been conducted on this particular AD. Additionally, the Office of Regulatory Review has determined that 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 lead to serious consequences. The Civil Aviation Safety Regulations 1998 outline the potential offences and penalties for non-compliance with ADs. Violations can result in civil penalties, such as fines, or criminal charges, depending on the severity of the breach and the discretion of the court. The maximum penalties for non-compliance with ADs can be substantial, reflecting the critical nature of airworthiness requirements for ensuring the safety of air navigation. CASA has the authority to enforce these regulations and may take action against individuals or entities that fail to comply with the mandates set forth in ADs.