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 2007-07-02 affecting Boeing 737 model aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/B737/302, which will become effective on 10 May 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 was enacted to provide for the safety of civil aviation in Australia and the regulation of air navigation, amongst other objectives. In line with this, the Governor-General has the power to make regulations under section 98 of the Act for the purposes of ensuring the safety of air navigation. The Civil Aviation Safety Regulations 1998 provide, under regulation 39.001, that the Civil Aviation Safety Authority (CASA) may issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901. This process facilitates the dissemination of crucial safety information and ensures compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The issuing of these ADs is a collaborative effort between the State of Design and the State of Registry, with CASA acting as Australia’s national airworthiness authority.
Scope and Application
The Civil Aviation Act 1988 applies to entities involved in civil aviation activities within Australia, including aircraft operators, manufacturers, and maintenance providers, with a focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations for the Act's purposes, and regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance and review. The jurisdictional reach of this legislation is national, with CASA acting as Australia's central authority for airworthiness, particularly in response to international obligations under the Convention on International Civil Aviation, which places responsibility on the State of Design for continuing airworthiness. When ADs are issued by the State of Design, such as the United States FAA's AD 2007-07-02 affecting Boeing 737 model aircraft, CASA must assess and, if necessary, issue corresponding Australian ADs to ensure compliance with safety standards. The process does not require public consultation or a Regulatory Impact Statement as it directly responds to international mandates and is not subject to the usual legislative scrutiny processes.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, allows the Governor-General to make regulations to enhance the safety of air navigation. 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. Section 39.001(5) of these regulations classifies ADs as disallowable instruments, making them legislative instruments under the Legislative Instruments Act 2003. This legislative framework is designed to ensure the ongoing airworthiness of aircraft by providing necessary safety information and mandates.
Under the obligations imposed by the Act and the Regulations, CASA must assess information from the State of Design and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This process is crucial for maintaining the safety standards of aircraft registered in Australia, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which is the country where the aircraft is registered, has the primary responsibility for ensuring the continuing airworthiness of individual aircraft, in line with the international obligations of the State of Design.
For compliance and enforcement, the Civil Aviation Safety Regulations 1998 do not require public consultation for ADs issued due to international obligations or in response to directives from the relevant State of Design. Additionally, the Office of Regulatory Review has concluded that ADs do not necessitate a Regulatory Impact Statement. The issuance of an AD is authorised by the Manager, New Technologies and Systems, within CASA’s Manufacturing, Certification and New Technologies Office, as per subsection 84A(2) of the Act.
In terms of penalties and consequences, while the primary focus of the legislation is on maintaining safety standards, any failure to comply with an AD could lead to significant civil or criminal consequences. CASA has the authority to enforce compliance through various measures, including fines and other penalties, as stipulated in the Civil Aviation Act 1988 and associated regulations. The exact penalties for non-compliance can vary, but they are designed to ensure that all parties adhere to the airworthiness requirements set forth by the Act and the Regulations.