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 USA FAA has issued AD 2001-16-11 affecting Boeing 737-100, 737-200 and 737-200C aircraft. USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B737/282, which will become effective on 13 April 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 was enacted to establish and regulate the aviation industry in Australia, ensuring safety and efficiency in air navigation and operations. This legislation empowers the Governor-General to make regulations that promote air safety, with the Civil Aviation Safety Regulations 1998 being a key set of regulations made under this Act. Section 98 of the Act allows the Australian Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified aircraft or aeronautical products to maintain safety standards. The ADs are legislative instruments and are aligned with international standards, particularly those set forth by the International Civil Aviation Organization (ICAO). The issuing of ADs, such as the one for Boeing 737-100, 737-200, and 737-200C aircraft, underscores Australia's commitment to international civil aviation conventions and ensures that Australian aircraft meet global safety standards.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation, with particular emphasis on the continuing airworthiness of aircraft. Under section 98 of the Act, the Governor-General can make regulations to safeguard air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD, as a legislative instrument under the Legislative Instruments Act 2003, is intended to mandate safety measures for aircraft in the Australian Register, following international standards set by the Convention on International Civil Aviation, particularly Annex 8. The State of Design, such as the USA in the case of Boeing 737 aircraft, is responsible for issuing ADs concerning design issues, while the State of Registry, such as Australia through CASA, ensures the practical implementation of these directives. This process is integral to maintaining the safety and airworthiness of aircraft operating within Australia, without necessitating public consultation or a Regulatory Impact Statement as these directives are in response to international obligations and design-specific safety concerns.
Key Provisions
The Civil Aviation Act 1988, as amended, provides the legislative framework for the regulation of civil aviation safety in Australia. Under section 98 of this Act, the Governor-General is empowered to make regulations for the purposes of the Act, particularly focusing on ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. The ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003 and can be disallowed under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by these regulations require CASA to take several actions when an AD is issued by the State of Design, such as the USA in the case of the Boeing 737 series. CASA must assess the information provided by the State of Design and, if appropriate, issue an Australian AD that mandates the same requirements. This ensures that the continuing airworthiness of aircraft registered in Australia aligns with international standards and obligations under the Convention on International Civil Aviation. The State of Registry, in this case, CASA, must ensure that the aircraft meet the continuing airworthiness requirements stipulated in the ADs.
The obligations of the entities governed by these regulations are multifaceted. The State of Design, such as the USA, has the responsibility to issue ADs based on the safety and airworthiness requirements of the aircraft type. The State of Registry, CASA, must then evaluate these ADs and, if necessary, issue corresponding ADs for Australian-registered aircraft. Furthermore, aircraft operators must comply with the ADs by implementing the required modifications, inspections, or operational restrictions to maintain the airworthiness of their aircraft.
Failure to comply with the ADs can result in various consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to civil penalties, including fines, and in severe cases, criminal penalties such as imprisonment. The specific penalties depend on the nature and severity of the non-compliance but can include substantial fines and imprisonment terms. The maximum penalties for serious breaches may include fines of up to $210,000 for individuals and $1,050,000 for corporations, as well as imprisonment for up to five years for serious offences. These measures underscore the importance of adhering to airworthiness directives to maintain the safety and integrity of the aviation industry.