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 2006-16-11 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/B737/295, which will become effective on 28 September 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 regulate civil aviation in Australia, ensuring the safety of air navigation, amongst other objectives. Under this Act, the Governor-General has the authority to make regulations that align with the interests of aviation safety, as outlined in section 98. The Civil Aviation Safety Regulations 1998 further detail the mechanisms by which airworthiness directives (ADs) can be issued to maintain the continuing airworthiness of aircraft and aeronautical products. ADs, as stipulated under regulation 39.001 of these regulations, are legislative instruments that fall under the purview of the Civil Aviation Safety Authority (CASA). CASA, acting as Australia’s national airworthiness authority, must issue Australian ADs when required by the State of Design, in compliance with international obligations under the Convention on International Civil Aviation. This ensures that Australia maintains its commitments to international safety standards and mandates appropriate actions to address identified safety issues in aircraft on the Australian register.
Scope and Application
The Civil Aviation (Airworthiness Directives) Instrument 2006 (F2006L02840) applies to all aircraft registered in Australia, particularly those that correspond to the type affected by an Airworthiness Directive (AD) issued by the Civil Aviation Safety Authority (CASA). This encompasses aircraft manufacturers, operators, and all entities involved in the maintenance and operation of the specified aircraft types. The regulations are enacted under the authority of the Civil Aviation Act 1988, which enables the Governor-General to make regulations for the safety of air navigation, and under the Civil Aviation Safety Regulations 1998, which allow CASA to issue ADs. These ADs serve as legislative instruments, falling under the scope of the Legislative Instruments Act 2003. The geographic reach of these regulations is national, as they pertain to aircraft registered within Australia and adhere to international standards set by the Convention on International Civil Aviation, particularly Annex 8, which governs the continuing airworthiness of aircraft. Exemptions or thresholds for the application of these ADs are not specified in the explanatory statement, but they are contingent on the findings of CASA's assessment of the international ADs issued by the State of Design. The application of these ADs can be extended or restricted through subordinate instruments as required by CASA, ensuring compliance with both national and international aviation safety standards.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulation is grounded in section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations that promote the safety of air navigation. Furthermore, subregulation 39.001(5) identifies ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, meaning they are legislative instruments subject to disallowance by Parliament.
These ADs serve as critical tools in maintaining the continuing airworthiness of aircraft. The State of Design, responsible for an aircraft type, must provide necessary information to ensure its safety, in line with Annex 8 of the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, is mandated to assess such information and, if necessary, issue Australian ADs to enforce the requirements set by the State of Design. For instance, in response to the US Federal Aviation Administration (FAA) issuing AD 2006-16-11 for Boeing B737 models, CASA assessed the directive and issued Australian AD/B737/295, which became effective on 28 September 2006.
Entities governed by these regulations, primarily CASA and aircraft operators, bear significant obligations. CASA must rigorously evaluate ADs issued by States of Design and, where appropriate, issue corresponding Australian ADs to ensure compliance with international safety standards. Aircraft operators, on the other hand, are required to adhere to the ADs applicable to their aircraft. Failure to comply with these directives can result in serious safety risks and potential legal consequences.
Breaches of the Civil Aviation Act 1988 and the associated regulations can lead to both civil and criminal consequences. Civil penalties may include fines, with the specific amounts often dictated by the severity of the breach and regulatory frameworks. In more severe cases, criminal penalties can apply, resulting in fines and even imprisonment, depending on the nature and impact of the violation. The exact penalties are not specified in the provided text, but they are subject to the broader legal framework governing civil and criminal penalties in Australia.