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 2005-24-03 affecting Boeing B737 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B737/276, which will become effective on 16 February 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, provides the legal framework for ensuring the safety and efficiency of civil aviation within Australia. This legislation is pivotal in addressing the need for comprehensive regulations governing air navigation and the maintenance of aircraft to ensure public safety. One of the key mechanisms established under the Act is the issuance of airworthiness directives (ADs), which are regulatory instruments used to mandate the maintenance and operational requirements for specific aircraft types or aeronautical products. The Civil Aviation Safety Regulations 1998 further detail the process and authority for issuing these directives, with regulation 39.001 specifically empowering the Civil Aviation Safety Authority (CASA) to issue ADs. These directives are crucial in ensuring the continuing airworthiness of aircraft and are aligned with international standards, particularly those set by the International Civil Aviation Organization (ICAO). The policy objective underpinning these provisions is to maintain the highest safety standards in civil aviation, in accordance with both national and international obligations.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) under regulation 39.001, which are legislative instruments according to the Legislative Instruments Act 2003. These directives apply to specific types of aircraft or aeronautical products to ensure safety in air navigation. The application of these directives is in line with Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8, which delineates the responsibilities of the State of Design and the State of Registry for aircraft airworthiness. The State of Design, such as the USA for Boeing B737 models, issues ADs that must be assessed and, if necessary, adopted by Australia’s national airworthiness authority, CASA. Consequently, when a relevant AD is issued by the State of Design, CASA issues a corresponding Australian AD, mandating the safety requirements for aircraft registered in Australia. This process does not involve public consultation or require a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to create regulations that are in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. It is important to note that under subregulation 39.001(5), an AD is considered a disallowable instrument as per section 46A of the Acts Interpretation Act 1901, and therefore it qualifies as a legislative instrument according to section 6 of the Legislative Instruments Act 2003. These ADs serve as a primary means for states to communicate continuing airworthiness information, in line with Annex 8 to the Convention on International Civil Aviation.
The State of Design, which is the country responsible for the design of an aircraft, bears the overarching responsibility for the continuing airworthiness of an aircraft type. This includes the obligation to provide any necessary information to ensure the ongoing airworthiness of the aircraft type to the appropriate States of Registry. Conversely, the State of Registry, which is the country where an aircraft is registered, must establish or adopt requirements to ensure the continuing airworthiness of the aircraft. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA, acting as Australia’s national airworthiness authority, must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
The United States Federal Aviation Administration (FAA) has issued AD 2005-24-03 concerning Boeing B737 model aircraft, with the United States being the State of Design for this aircraft type. CASA has reviewed this AD and issued Australian AD/B737/276, which will take effect on 16 February 2006. As this AD is issued due to Australia’s obligations under the Convention on International Civil Aviation and in response to an AD raised by the relevant State of Design, there has been no consultation of the Australian public regarding this directive. The Office of Regulatory Review has concluded that ADs do not require a Regulatory Impact Statement. The AD has been issued 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.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on parties and entities include the requirement for the State of Design to provide necessary information to ensure continuing airworthiness and for the State of Registry to establish or adopt requirements for the same. CASA must assess any ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs. Furthermore, the ADs must be issued in accordance with the legislative process outlined in the Act. The primary consequence of non-compliance with ADs is the risk to airworthiness and safety, which can lead to severe penalties under civil and criminal law if an incident or accident occurs due to failure to comply with these directives. The specific penalties for non-compliance are not detailed in the text, but they can include substantial fines and imprisonment under relevant aviation safety and criminal laws.