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.
CASA issued AD/B737/281 in March 2006, affecting Boeing B737 model aircraft. Through an administrative oversight, this AD duplicated the requirements of AD/B737/31. As a result CASA has cancelled Australian AD/B737/31. The cancellation will become effective on 6 July 2006. No replacement AD is required, as the original unsafe condition has been corrected by AD/B737/281.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes 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 Parliament of Australia, aims to ensure the safety and efficiency of civil aviation within the country. This legislation grants the Governor-General the authority to make regulations in the interests of air navigation safety, thereby enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as a crucial means for maintaining the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set forth by the International Civil Aviation Organization (ICAO). The policy objective of these regulations is to uphold the highest safety standards in civil aviation, ensuring that all aircraft meet specific safety requirements both domestically and in compliance with international obligations.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides a comprehensive framework for ensuring the safety of air navigation in Australia. Under this legislation, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, aiming to maintain the continuing airworthiness of these aircraft. The ADs are legislative instruments subject to disallowance and are integral to compliance with international standards as stipulated in Annex 8 to the Convention on International Civil Aviation. The Act applies to aircraft registered in Australia and mandates CASA's role as the national airworthiness authority. The geographic scope of this regulation is national, encompassing all aircraft registered within Australia. Notably, the application of these regulations is not limited to any specific entity or industry but extends to all aircraft and aeronautical products within Australia's jurisdiction. The issuance and cancellation of ADs, such as the recent cancellation of AD/B737/31 due to duplication by AD/B737/281, reflect CASA's commitment to aligning with international obligations and ensuring the highest safety standards.
Key Provisions
The Civil Aviation Act 1988, through section 98, allows the Governor-General to make regulations to ensure air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. An AD, as per subregulation 39.001(5), is a disallowable instrument under the Acts Interpretation Act 1901 and is considered a legislative instrument as per section 6 of the Legislative Instruments Act 2003. These ADs serve as crucial tools for maintaining the continuing airworthiness of aircraft types, aligning with Annex 8 of the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA include the responsibility to assess any ADs issued by the State of Design, particularly when these ADs pertain to aircraft on the Australian Register. CASA must then issue corresponding Australian ADs if necessary. This ensures that the airworthiness requirements set by the State of Design are enforced within Australia. For instance, when CASA issued AD/B737/281 in March 2006, it was in response to an AD from the State of Design concerning Boeing B737 model aircraft. The process also involves the cancellation of any redundant ADs, such as the cancellation of AD/B737/31, which was superseded by AD/B737/281.
The Civil Aviation Safety Regulations 1998 do not require consultation with the public when cancelling an AD if it aligns with international obligations and is in response to an AD from the State of Design. Additionally, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. This process is overseen by the Manager, Airframes in CASA’s Manufacturing, Certification and New Technologies Office, in accordance with subsection 84A(2) of the Act.
In terms of penalties and consequences for non-compliance, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose strict requirements on entities and individuals to adhere to ADs. Failure to comply with an AD can result in significant penalties. Under section 108 of the Act, non-compliance can lead to fines and imprisonment. The specific maximum penalties for such offences are detailed within the regulations, though they are not explicitly mentioned in the provided text. These stringent measures underscore the importance of adhering to airworthiness directives to maintain safety standards in civil aviation.