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 2007-16-05 affecting B737 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B737/308 which will become effective on 25 October 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves to regulate the safety of air navigation within Australia. The Act empowers the Governor-General to establish regulations that ensure the safety and efficiency of air navigation, with a focus on the overarching goal of maintaining public safety in the aviation sector. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, specifically provide the Civil Aviation Safety Authority (CASA) with the power to issue airworthiness directives for particular types of aircraft or aeronautical products. This legislative framework was introduced to address the need for a robust and internationally compliant system for ensuring the safety and airworthiness of aircraft operating within Australia, aligning with global standards set by the International Civil Aviation Organization (ICAO). The issuance of airworthiness directives, such as AD/B737/308, is a direct response to international obligations and the need to maintain high safety standards in line with those set by the State of Design, in this case, the United States.
Scope and Application
The Civil Aviation Act 1988, through the Civil Aviation Safety Regulations 1998, provides the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under section 98 of the Act, the Governor-General is empowered to make regulations that contribute to the safety of air navigation, and regulation 39.001 specifically allows CASA to issue ADs for types of aircraft or aeronautical products. These directives are legally binding and serve as legislative instruments under the Legislative Instruments Act 2003. The ADs are mandated by international obligations under Annex 8 to the Convention on International Civil Aviation, which places responsibility on the State of Design to ensure the continuing airworthiness of aircraft types and require States of Registry to implement corresponding measures. In Australia, CASA, as the national airworthiness authority, must assess and, if necessary, issue corresponding ADs when a State of Design issues an AD affecting aircraft registered in Australia. This process ensures compliance with international standards and maintains the safety of air navigation within Australia's jurisdiction.
Key Provisions
The Civil Aviation Act 1988 (section 98) grants the Governor-General the authority to establish regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This process is essential for maintaining the safety standards required by Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type.
The obligations under these regulations are significant for both the State of Design and the State of Registry. The State of Design must provide necessary information to ensure the ongoing airworthiness of the aircraft type, while the State of Registry, in this case CASA, is responsible for assessing this information and, if necessary, issuing an Australian AD to enforce the requirements of the State of Design. This ensures that all aircraft on the Australian Register adhere to the safety standards mandated by international conventions.
Failure to comply with these ADs can have serious consequences. Under the Civil Aviation Act 1988, non-compliance can lead to civil penalties, including fines of up to $22,200 for individuals and $111,000 for corporations, depending on the severity of the breach. Additionally, criminal offences may apply, which can result in imprisonment for up to five years. These provisions underscore the importance of adhering to airworthiness directives to maintain the safety of air navigation.
The legislative framework also includes provisions for the issuance and review of ADs without the need for public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This streamlined process ensures that safety measures can be implemented swiftly in response to identified risks, without undue administrative delay. The ADs are issued by authorised personnel within CASA, specifically the Manager, Systems in the Airworthiness Engineering Branch, in accordance with subsection 84A(2) of the Act, ensuring that the directives are issued with the appropriate authority and oversight.