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 2005-18-23, affecting Boeing 737 aircraft, in 2005. The United States is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD, AD/B737/297 Amdt 1, to correct a typographical error in the number of the FAA AMOC Letter referenced in this AD. The amended AD, AD/B737/297 Amendment 2, will become effective on 6 January 2012. 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, Initial Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, establishes the framework for civil aviation in Australia with a focus on ensuring the safety of air navigation. This Act empowers the Governor-General to make regulations, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under the Civil Aviation Safety Regulations 1998. The ADs serve as a legislative instrument aimed at maintaining the continuing airworthiness of aircraft in accordance with the Convention on International Civil Aviation. The Act and associated regulations mandate that CASA, as the national airworthiness authority, assess and implement ADs issued by the State of Design to ensure compliance with international standards and to uphold the safety of air navigation within Australia. The issuance of ADs is driven by Australia's obligations under international conventions and in response to directives from relevant States of Design, ensuring that aircraft registered in Australia meet necessary safety standards.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the framework within which airworthiness directives (ADs) are issued to ensure the continuing safety of aircraft in Australia. These directives apply to all aircraft registered in Australia and are mandated by the Civil Aviation Safety Authority (CASA), which acts as the national airworthiness authority. This legislation requires CASA to assess and, if necessary, issue ADs that align with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The ADs are legislative instruments that must be assessed and issued to ensure compliance with airworthiness standards set forth by the State of Design, which in this case is the United States for Boeing 737 aircraft. Any amendments to these directives, such as correcting typographical errors, are made by CASA following requests from the industry and are effective as specified in the directive. These regulations do not require public consultation or a Regulatory Impact Statement as they pertain directly to international obligations and specific aircraft type requirements.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further delineates the authority of the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is classified as a disallowable instrument under the Acts Interpretation Act 1901, and is also recognised as a legislative instrument under the Legislative Instruments Act 2003. ADs play a pivotal role in maintaining the continuing airworthiness of aircraft as stipulated in Annex 8 to the Convention on International Civil Aviation, where the State of Design bears the responsibility for the ongoing airworthiness of an aircraft type, and must furnish any necessary information to the States of Registry.
The obligations under the Act and regulations are significant for both the State of Design and the State of Registry. The State of Design must provide essential information to maintain the airworthiness of aircraft types, while the State of Registry is tasked with developing or adopting requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. CASA, as the national airworthiness authority, must review and, if necessary, issue Australian ADs to enforce the requirements set by the State of Design. For example, CASA issued AD/B737/297 Amendment 2, correcting a typographical error in an existing AD concerning Boeing 737 aircraft, to align with the original directive from the United States Federal Aviation Administration (FAA).
The ADs are issued without public consultation, as they are governed by international obligations under the Convention on International Civil Aviation, and are typically responses to ADs issued by the relevant State of Design. Additionally, the Office of Regulatory Review has determined that these directives do not necessitate a Regulatory Impact Statement. The issuance of ADs is managed by the Manager, Initial Airworthiness, within the Airworthiness and Engineering Branch of CASA, pursuant to subsection 94(1) of the Act.
In terms of compliance and enforcement, breaches of the provisions outlined in the ADs could lead to serious consequences. Although the specific penalties for non-compliance are not detailed in the provided text, it is reasonable to infer that non-compliance with ADs could result in civil or criminal penalties under the Civil Aviation Act 1988. These penalties could include fines, imprisonment, or both, depending on the severity of the breach and the discretion of the court. The precise nature and extent of these penalties would be determined in the context of the specific breach and the applicable laws.