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 has issued AD 2007-06-51 affecting Boeing 737-800 series aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/B737/301, which will become effective on 19 March 2007.
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 Commonwealth Parliament, governs the regulation of civil aviation in Australia and is intended to ensure the safety and efficiency of air navigation. The Act empowers the Governor-General to create regulations in the interest of air navigation safety, a responsibility delegated to the Civil Aviation Safety Authority (CASA). One such regulation, found in regulation 39.001 of the Civil Aviation Safety Regulations 1998, allows CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, aligning with the obligations under the Convention on International Civil Aviation and its Annex 8. ADs are legislative instruments subject to disallowance and review, with CASA mandated to issue Australian ADs in response to directives from the State of Design, such as the United States for Boeing 737-800 series aircraft, ensuring compliance with international standards and the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides a comprehensive regulatory framework aimed at ensuring the safety of air navigation in Australia. Under this Act, the Governor-General has the authority to make regulations that are in the interest of safety, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are legislative instruments and subject to disallowance under the Acts Interpretation Act 1901. The Act's application extends to mandating the continuing airworthiness of aircraft registered in Australia, in line with international obligations under the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is tasked with assessing and, if necessary, issuing Australian ADs to implement requirements set by the State of Design. For instance, in response to the United States Federal Aviation Administration's AD 2007-06-51 concerning Boeing 737-800 series aircraft, CASA has issued Australian AD/B737/301, which will be effective from 19 March 2007. Given the international nature of these directives and their alignment with international civil aviation standards, CASA does not generally consult the Australian public on ADs, nor do they require a Regulatory Impact Statement. The AD is issued by the Manager, New Technologies and Systems, in CASA's Manufacturing, Certification and New Technologies Office, in accordance with the legislative provisions of the Act.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations that support the Act, specifically in the interest of ensuring air navigation safety. This authority is exercised through the Civil Aviation Safety Regulations 1998, which permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products under regulation 39.001. Notably, subregulation 39.001(5) designates ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
Under these provisions, the State of Design has a fundamental responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing necessary information to States of Registry to ensure the aircraft's ongoing airworthiness. Correspondingly, the State of Registry must establish or adopt requirements to maintain the airworthiness of individual aircraft registered within its jurisdiction. When a State of Design issues an AD, such as the United States' AD 2007-06-51 for Boeing 737-800 series aircraft, CASA, as Australia’s national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the State of Design's requirements. This was exemplified when CASA issued Australian AD/B737/301, which was set to become effective on 19 March 2007.
The obligations under this legislation are stringent and focused on maintaining high safety standards. CASA must promptly respond to ADs issued by the State of Design and translate these into Australian ADs when required. This process does not involve public consultation as it is driven by international obligations and immediate safety concerns. Moreover, the Office of Regulatory Review has concluded that ADs do not necessitate a Regulatory Impact Statement, streamlining the process while ensuring compliance with international safety standards. The ADs are issued by authorised personnel within CASA, such as the Manager, New Technologies and Systems, from the Manufacturing, Certification and New Technologies Office, in accordance with subsection 84A(2) of the Act.
The consequences for non-compliance with ADs can be severe. Failure to adhere to an AD may result in the grounding of an aircraft, as these directives are critical for ensuring airworthiness. Additionally, CASA has the authority to take enforcement actions against entities or individuals who do not comply with ADs. Such actions may include fines, suspension or revocation of certificates, and other regulatory measures. The specifics of penalties and enforcement actions are detailed within the Civil Aviation Safety Regulations 1998 and related legislation, ensuring that the highest safety standards are maintained in Australian airspace.