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 United States FAA issued AD 2006-13-13 affecting Boeing 737 aircraft. The United States is the State of Design for these types. As a result of a request from the FAA CASA has amended the equivalent Australian AD to AD/B737/294 Amendment 1 which will become effective 26 October 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, New Technologies and Systems, 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 Parliament of Australia, is the foundational piece of legislation governing civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation within the country. This Act empowers the Governor-General to make regulations that contribute to the safety of air navigation, as stipulated in section 98. A significant regulation under this Act is regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These directives are crucial for maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry, in accordance with Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, must respond to ADs issued by States of Design, ensuring compliance with international standards and obligations.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives serve as legislative instruments to ensure the safety of air navigation, in line with section 98 of the Civil Aviation Act 1988. The ADs are mandated by the obligations Australia has under the Convention on International Civil Aviation, particularly Annex 8, which designates the State of Design as responsible for the continuing airworthiness of aircraft types. As such, when the United States Federal Aviation Administration (FAA) issues an AD affecting Boeing 737 aircraft, CASA must assess this information and, if necessary, issue a corresponding Australian AD. For example, AD/B737/294 Amendment 1 was issued by CASA in response to FAA’s AD 2006-13-13, and it replaces the previous Australian directive, effective from 26 October 2006. The issuance of these directives is direct and does not require consultation with the Australian public or the preparation of a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, through regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. This means that ADs carry legal weight and must be adhered to by the entities they govern.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design holds the overarching responsibility for the continuing airworthiness of an aircraft type. This responsibility includes providing any necessary information to ensure the aircraft type's continued airworthiness to the relevant States of Registry. For Australia, CASA, as the national airworthiness authority, must assess the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the requirements of the State of Design on aircraft registered in Australia. The State of Registry is also responsible for ensuring the continuing airworthiness of individual aircraft, developing or adopting requirements as necessary.
The ADs are a standard means of communicating continuing airworthiness information among International Civil Aviation Organization (ICAO) Contracting States. For instance, the United States Federal Aviation Administration (FAA) issued AD 2006-13-13 concerning Boeing 737 aircraft, prompting CASA to amend the equivalent Australian AD to AD/B737/294 Amendment 1, which took effect on 26 October 2006. Given that this AD is a response to Australia's obligations under the Convention on International Civil Aviation and follows an AD issued by the relevant State of Design, no public consultation was conducted. The Office of Regulatory Review has also determined that such ADs do not require a Regulatory Impact Statement.
The AD was made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A(2) of the Act. Failure to comply with ADs can lead to significant consequences. Non-compliance with an AD can result in the aircraft being considered unairworthy, which can lead to grounding and potential enforcement actions. The specific penalties for non-compliance may include fines and other sanctions as prescribed by the Civil Aviation Act 1988 and related regulations. The maximum penalties can vary depending on the severity of the non-compliance and the specific provisions of the Act and Regulations.