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 89-21-02 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/B737/269, 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, enacted by the Commonwealth Parliament, governs civil aviation in Australia and aims to ensure the safety and efficiency of air navigation. The Act provides the legislative framework under which the Civil Aviation Safety Regulations 1998 are made, enabling the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These regulations are integral to maintaining the safety standards of aircraft, as outlined in Annex 8 of the Convention on International Civil Aviation. Specifically, ADs are instruments issued by CASA to mandate the requirements for continuing airworthiness of aircraft types, particularly in response to directives issued by the State of Design. The policy objective is to align Australia’s aviation safety regulations with international standards, ensuring that Australian aircraft meet necessary safety criteria and that CASA acts in accordance with its obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under section 98 of the Civil Aviation Act 1988, provide the regulatory framework for the issuance of airworthiness directives (ADs) in Australia, ensuring the safety of air navigation. Regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products, and these ADs are legislative instruments that must be assessed and potentially issued by CASA in response to ADs from the relevant State of Design, such as the United States Federal Aviation Administration (FAA) for Boeing 737 model aircraft. This legislative mechanism ensures that Australia adheres to its obligations under the Convention on International Civil Aviation, particularly Annex 8, which stipulates the responsibilities of the State of Design and State of Registry in maintaining the continuing airworthiness of aircraft. The issuance of such ADs is governed by CASA, reflecting Australia's commitment to international aviation safety standards without the need for public consultation or a Regulatory Impact Statement, as these instruments are directly responsive to international directives and obligations.
Key Provisions
The key provisions of this legislation revolve around the issuance and enforcement of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the Act, specifically for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue ADs for specific types of aircraft or aeronautical products. This regulatory framework is designed to ensure that aircraft maintain their airworthiness in accordance with international standards.
The Act imposes specific obligations on CASA as the national airworthiness authority. CASA must assess ADs issued by the State of Design, which is the country responsible for the design of the aircraft, and determine if these ADs are applicable to aircraft registered in Australia. If deemed necessary, CASA must then issue its own ADs to mandate the safety requirements for those aircraft. This process ensures that Australian-registered aircraft comply with internationally recognised airworthiness standards. The obligations of the State of Registry, which is the country where the aircraft is registered, are to develop or adopt requirements that ensure the continuing airworthiness of aircraft registered within its jurisdiction.
Failure to comply with ADs can lead to severe consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in various civil or criminal penalties. For instance, if an aircraft is operated in a way that contravenes an AD, the operator of the aircraft could face civil penalties, including fines. In more severe cases, such as where non-compliance leads to an accident or incident, the operator or relevant individuals could face criminal charges, potentially leading to imprisonment. The maximum penalties for such offences depend on the severity of the non-compliance and the resultant impact on aviation safety.
An important aspect of the legislative framework is that ADs are considered legislative instruments, as per section 6 of the Legislative Instruments Act 2003. This means that they are subject to certain parliamentary scrutiny processes, ensuring that they are made in accordance with the law. However, given their nature and the urgency often associated with airworthiness issues, ADs are typically issued without public consultation, as they respond to international obligations and safety imperatives. This expedited process ensures that safety measures are implemented swiftly to protect public safety without unnecessary delays.