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 2005-21-06 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/B737/270, which will become effective on 19 January 2006.
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, was introduced to address the need for a comprehensive legal framework governing civil aviation in Australia. This Act provides the foundational authority for the regulation of air safety, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The 1998 Civil Aviation Safety Regulations further detail the implementation of these directives, with regulation 39.001 empowering CASA to issue ADs for specific types of aircraft or aeronautical products. The policy objective of this legislation is to ensure the safety of air navigation and the continuing airworthiness of aircraft registered in Australia, in alignment with international standards set by the Convention on International Civil Aviation. As a legislative instrument, ADs are subject to disallowance and review processes as stipulated in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, allows for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. Specifically, under regulation 39.001 of the Civil Aviation Safety Regulations, CASA is empowered to issue ADs for types of aircraft or aeronautical products, making these directives legislative instruments under section 6 of the Legislative Instruments Act 2003. This authority is exercised in compliance with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design retains responsibility for the continuing airworthiness of an aircraft type and must share necessary information with States of Registry. In Australia, CASA, as the national airworthiness authority, must assess and, if necessary, issue Australian ADs to enforce the requirements set by the State of Design. For instance, in response to a US Federal Aviation Administration AD affecting Boeing 737 aircraft, CASA issued Australian AD/B737/270, which is set to take effect on 19 January 2006. This process does not require public consultation as it stems from international obligations and directly follows the AD from the relevant State of Design.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the purposes of the Act, with a focus on ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. The ADs are legislative instruments as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
The obligations under these provisions are clear: CASA, as Australia’s national airworthiness authority, must assess information provided by the State of Design, which is responsible for the continuing airworthiness of the aircraft type. If an AD is issued by the State of Design, CASA must evaluate this information and, if deemed necessary, issue a corresponding Australian AD to enforce the requirements. The State of Registry, which is the country where the aircraft is registered, also has responsibilities under Annex 8 to the Convention on International Civil Aviation to develop or adopt requirements for ensuring the continuing airworthiness of aircraft.
There are significant consequences for non-compliance with these regulations. Failure to adhere to the requirements set forth in an AD can result in serious safety issues and may lead to enforcement actions by CASA. The specific penalties and consequences for non-compliance are not detailed in the provided text, but generally, breaches of civil aviation regulations can result in substantial fines, aircraft grounding, or other regulatory sanctions. It is crucial for aircraft operators and other relevant parties to comply with the ADs to maintain the safety and airworthiness of their aircraft.