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 FAA issued AD 2005-21-06, affecting Boeing 737 aircraft, in 2005. The United States of America is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to add a provision for an Alternative Method of Compliance (AMOC). The amended AD, AD/B737/270 Amendment 1, will become effective on 8 June 2012. This AD cancels and replaces the previous issue.
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.
Compatibility with human rights and freedoms
This instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Human Rights Implications
The instrument sets out technical requirements as detailed above. The instrument does not engage any of the applicable rights or freedoms.
Conclusion
The instrument is compatible with human rights and freedoms.
The AD has been made by the Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, addressing the need for safety standards and regulatory oversight within the industry. Under this Act, the Civil Aviation Safety Regulations 1998 were established to further specify the requirements for airworthiness and safety. One significant aspect of these regulations is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure that aircraft and aeronautical products maintain their airworthiness. This legislative instrument was introduced by the Australian Parliament to mandate the continuing airworthiness of aircraft, fulfilling international obligations under the Convention on International Civil Aviation. The policy objective is to maintain and enhance the safety of air navigation, ensuring compliance with international standards and fostering a safe aviation environment both domestically and internationally.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, establishes the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue ADs for specific types of aircraft or aeronautical products, aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation. These ADs are legislative instruments, which can be disallowed under section 46A of the Acts Interpretation Act 1901 and reviewed by the Legislative Instruments Act 2003. The ADs apply to the State of Registry of an aircraft, mandating compliance with the requirements set by the State of Design. In the context of an AD affecting Boeing 737 aircraft, CASA amended the Australian AD in response to a directive from the Federal Aviation Administration (FAA) of the United States, incorporating an Alternative Method of Compliance. The AD applies to all aircraft within Australia's jurisdiction, ensuring alignment with international obligations and safety standards. The issuance of this AD does not require public consultation or a Regulatory Impact Statement, given its technical nature and alignment with international agreements.
Key Provisions
The main operative sections of the Civil Aviation Safety Regulations 1998, particularly regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD, as per subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is therefore considered a legislative instrument under section 6 of the Legislative Instruments Act 2003. These directives are issued to ensure the continuing airworthiness of aircraft and are commonly used by ICAO Contracting States. Specifically, AD 2005-21-06, issued by the FAA in 2005 for Boeing 737 aircraft, prompted CASA to amend the Australian AD to include an Alternative Method of Compliance (AMOC). This amendment, AD/B737/270 Amendment 1, will be effective from 8 June 2012, replacing the previous directive.
The obligations imposed by these regulations require CASA to assess any airworthiness information issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs. The State of Registry, in this case CASA, must ensure the continuing airworthiness of aircraft registered in Australia, adhering to the requirements set out in Annex 8 of the Convention on International Civil Aviation. This includes developing or adopting necessary requirements to maintain the airworthiness of aircraft and responding to ADs issued by the State of Design.
Failure to comply with ADs can result in significant consequences. The Civil Aviation Act 1988 imposes penalties for non-compliance, which may include fines and other civil or criminal penalties. The specific penalties are determined by the severity of the breach and the context of the non-compliance. It is imperative for operators and owners of affected aircraft to adhere to the mandates set out in these directives to avoid legal repercussions.
The ADs do not require public consultation as they are issued under Australia's obligations to the Convention on International Civil Aviation and in response to directives from the relevant State of Design. Additionally, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The compatibility of these directives with human rights and freedoms has been assessed, and it has been concluded that the instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.