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 issued AD 89-14-11, affecting Boeing B737 aircraft, in 1989. The USA is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to allow use of a later version of the associated Service Bulletin which provides terminating action. The amended AD, AD/B737/28 Amendment 2, will become effective on 28 September 2006. 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.
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, is designed to regulate civil aviation and ensure the safety of air navigation. The Act provides the legal framework for the Civil Aviation Safety Authority (CASA) to implement safety regulations and issue directives that maintain the airworthiness of aircraft. One such regulation is the Civil Aviation Safety Regulations 1998, which authorise CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, ensuring compliance with international safety standards. These directives are legislative instruments that are subject to disallowance under the Acts Interpretation Act 1901 and must be prepared in accordance with the Legislative Instruments Act 2003. The issuing of these directives is in response to Australia's obligations under international conventions, such as Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for continuing airworthiness of aircraft types. CASA, as the national airworthiness authority, is tasked with assessing and implementing these directives to maintain the safety and airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes the framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs). These regulations apply to all aircraft registered in Australia and any aeronautical products used on these aircraft, ensuring compliance with international standards for airworthiness. ADs are issued to mandate corrective actions when safety issues are identified, thereby maintaining the safety and airworthiness of the aircraft. The ADs are legislative instruments that are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are created in accordance with section 84A(2) of the Civil Aviation Act 1988. The ADs are not subject to public consultation or a Regulatory Impact Statement, as they are issued in response to international obligations and safety imperatives. The authority to issue these directives is exercised by CASA, which must align with the requirements set by the State of Design as stipulated in Annex 8 to the Convention on International Civil Aviation. This ensures that the ADs address issues that affect the continuing airworthiness of aircraft registered in Australia, reflecting the collaborative international approach to aviation safety.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework within which airworthiness directives (ADs) are issued. According to section 98 of the Act, the Governor-General has the authority to make regulations aimed at 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 types of aircraft or aeronautical products. The ADs are considered legislative instruments under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
The obligations under these regulations require CASA, as Australia's national airworthiness authority, to assess any ADs issued by the State of Design of an aircraft type and, if necessary, issue equivalent Australian ADs to ensure the continuing airworthiness of aircraft registered in Australia. This process is in line with Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design overall responsibility for the continuing airworthiness of an aircraft type and mandates that it provide necessary information to the States of Registry. The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft and must implement the requirements set out in ADs to maintain safety standards.
The ADs must be issued without the need for public consultation because they are based on international obligations and in response to directives from the State of Design. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, streamlining the process of issuing these safety directives. The ADs are made by authorised personnel within CASA, such as the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, in accordance with subsection 84A(2) of the Act.
Breach of the requirements set out in an AD can result in severe consequences. Under the Civil Aviation Act 1988, operating an aircraft that does not comply with an AD is an offence. Penalties for such violations may include fines and imprisonment. Specifically, section 123 of the Act allows for fines of up to $21,000 for individuals and $105,000 for corporations, along with potential imprisonment terms. Additionally, CASA can take enforcement actions such as grounding non-compliant aircraft, which can have significant operational and financial repercussions for aircraft operators. Ensuring compliance with ADs is, therefore, crucial for maintaining the safety and airworthiness of aircraft in Australia.