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 99-26-07 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/B737/267, 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 legislative framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. This Act empowers the Governor-General to make regulations for the purposes of the Act and to address issues related to the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These directives serve as a key mechanism for ensuring the continuing airworthiness of aircraft and aeronautical products, in alignment with international standards set forth in the Convention on International Civil Aviation. The legislative framework underscores Australia's commitment to maintaining high safety standards in civil aviation, both domestically and in accordance with international obligations.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. The Act allows the Governor-General to make regulations for the safety of air navigation, and under regulation 39.001 of the Regulations, the Civil Aviation Safety Authority (CASA) can issue ADs for certain types of aircraft or aeronautical products. These directives are legislative instruments that are subject to disallowance and are made in accordance with the Legislative Instruments Act 2003. ADs are integral to maintaining the continuing airworthiness of aircraft types and are issued by the State of Design, with the State of Registry responsible for ensuring the airworthiness of individual aircraft. In the case of Australian-registered aircraft, CASA must issue corresponding ADs when necessary, following the guidelines set out in Annex 8 of the Convention on International Civil Aviation. For example, CASA issued AD/B737/267 in response to an AD from the US Federal Aviation Administration (FAA) concerning Boeing 737 aircraft, reflecting Australia’s international obligations and ensuring compliance with safety standards. This process does not require public consultation or a Regulatory Impact Statement, as it is directly tied to international obligations and safety imperatives.
Key Provisions
The Civil Aviation Safety Regulations 1998 under section 39.001 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. These directives are legislative instruments, as per subregulation 39.001(5) and section 6 of the Legislative Instruments Act 2003. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to enact these regulations to ensure the safety of air navigation. The State of Design, responsible for the aircraft type, must provide essential information to maintain airworthiness, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Registry, where the aircraft is registered, is obligated to ensure the continuing airworthiness of individual aircraft by developing or adopting necessary requirements.
Entities governed by these regulations face specific obligations. The State of Design, like the USA in the case of Boeing 737 aircraft, must issue ADs to maintain airworthiness. CASA, as Australia's national airworthiness authority, must assess the ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures. This ensures that Australian-registered aircraft meet international safety standards. Additionally, the State of Registry must implement the ADs to ensure that all aircraft within its jurisdiction comply with the necessary safety requirements.
Breaching the obligations set forth by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in severe consequences. While specific offences and penalties are not detailed in the provided text, regulatory non-compliance generally carries the risk of legal action, including potential fines or other penalties under Australian law. The issuance of ADs and the responsibilities of the State of Design and State of Registry are critical to maintaining safety standards, and failure to adhere to these directives can lead to significant repercussions, impacting both the safety of air navigation and the operations of aviation entities.