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 issued AD 88-21-03R1 affecting Boeing 737-200 and B737-300 aircraft. The United States is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/B737/305, which will become effective on 30 August 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 Acting 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 Australian Parliament, aims to ensure the safety and efficiency of civil aviation within Australia. This legislation provides the framework for the regulation of civil aviation safety, including the issuance of airworthiness directives to ensure the ongoing airworthiness of aircraft. Complementing the Act are the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific types of aircraft or aeronautical products. These directives are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The policy objective of these regulations is to align Australia's aviation safety standards with international norms, particularly as outlined in the Convention on International Civil Aviation. In this context, CASA issues Australian airworthiness directives in response to directives issued by the State of Design, ensuring that Australian aircraft meet the required safety standards.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General has the authority to create regulations that serve the interests of air navigation safety, with regulation 39.001 specifically empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance and are necessary for maintaining the continuing airworthiness of aircraft, as mandated by international standards under Annex 8 to the Convention on International Civil Aviation. The ADs, which are issued in response to directives from the State of Design or as a result of Australia's international obligations, are enforced by CASA, the national airworthiness authority. In the case of the United States issuing AD 88-21-03R1 for Boeing 737-200 and B737-300 aircraft, CASA assessed the directive and issued Australian AD/B737/305, effective from 30 August 2007. Given the international nature of these directives, no public consultation was required, and the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, in particular under section 98, grants the Governor-General the authority to make regulations that pertain to the safety of air navigation. This includes the issuance of airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue these directives for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is considered a legislative instrument under the Legislative Instruments Act 2003.
The obligations imposed by this legislation are multi-faceted. Firstly, the State of Design of an aircraft, such as the United States for Boeing 737-200 and B737-300 aircraft, bears the responsibility for the continuing airworthiness of the aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to ensure the continuing airworthiness of the aircraft type to the States of Registry. The State of Registry, in this case CASA as Australia's national airworthiness authority, must then assess the information provided by the State of Design and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design.
In terms of compliance and enforcement, failure to adhere to the requirements of an AD can have significant consequences. CASA has the authority to take action against any aircraft that does not comply with the mandated ADs. While the specific offences and penalties are not detailed within the provided text, it is understood that non-compliance could lead to civil or criminal penalties, potentially including fines or other sanctions, as these are common for breaches of aviation safety regulations. The seriousness of such breaches underscores the importance of adhering to ADs to maintain the safety standards required in the aviation industry.
Additionally, it is important to note that as ADs are issued in response to international obligations and in line with the standards set by the relevant State of Design, there is no requirement for public consultation. This has been confirmed by the Office of Regulatory Review, which has determined that ADs do not necessitate a Regulatory Impact Statement. The AD is made by a designated authority within CASA, specifically the Acting Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, in accordance with the provisions of the Civil Aviation Act 1988.