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 92-25-09 affecting Boeing 737 model aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B737/313, which will become effective on 14 February 2008.
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 Acting Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety of air navigation in Australia, granting the Governor-General the authority to make regulations for this purpose. Complementing this, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft and aeronautical products. These directives are a legislative instrument, as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The International Civil Aviation Organization (ICAO) stipulates that the State of Design is responsible for the continuing airworthiness of an aircraft type, and must provide necessary information to ensure this, which is often communicated through ADs. In Australia, CASA, as the national airworthiness authority, must assess and, if necessary, issue ADs to enforce the requirements set by the State of Design. For instance, CASA issued AD/B737/313 following a United States Federal Aviation Administration AD for Boeing 737 aircraft, reflecting Australia’s obligations under the Convention on International Civil Aviation and the responsibility of the State of Registry to ensure airworthiness. The AD was issued by CASA without public consultation, as it aligns with international obligations and does not require a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation in Australia. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, CASA has the authority to issue ADs for specific types of aircraft or aeronautical products. These directives are legislative instruments and must adhere to the legislative requirements set out in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. ADs are a key mechanism for maintaining the continuing airworthiness of aircraft, aligning with the responsibilities of the State of Design and the State of Registry under Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, is mandated to assess and, if necessary, issue Australian ADs in response to directives issued by the State of Design, such as the United States FAA in the case of the Boeing 737 model aircraft. Given the international nature of these obligations and the specific requirements of the Convention, CASA does not undertake public consultations on ADs, and they are not subject to a Regulatory Impact Statement. The ADs are made by authorised CASA officials in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes the framework for ensuring the continuing airworthiness of aircraft. Section 98 of the Act allows the Governor-General to make regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. An AD is a legislative instrument under section 46A of the Acts Interpretation Act 1901 and is also a disallowable instrument as per section 6 of the Legislative Instruments Act 2003. ADs are essential for maintaining the safety standards of aircraft types, and they are issued by States of Design and States of Registry in accordance with Annex 8 of the Convention on International Civil Aviation.
Under this legislative framework, CASA, as Australia’s national airworthiness authority, must respond to ADs issued by the State of Design. For example, the United States Federal Aviation Administration (FAA) has issued an AD for Boeing 737 model aircraft. Given that the United States is the State of Design, CASA has assessed this AD and issued its own corresponding Australian AD/B737/313, which will become effective on 14 February 2008. This process ensures that Australian aircraft meet the same safety standards as those required internationally.
Compliance with these airworthiness directives is mandatory for all entities governed by the Act. CASA is required to issue ADs when necessary to maintain the continuing airworthiness of aircraft. Operators of affected aircraft must adhere to the specific requirements outlined in the ADs. Failure to comply with an AD can result in serious safety hazards and potential legal consequences. CASA has the authority to enforce compliance through inspections, audits, and other regulatory measures.
Non-compliance with the requirements set out in an AD can lead to serious legal consequences. Under the Civil Aviation Act 1988, there are civil and criminal penalties for breaches. The specific penalties depend on the nature and severity of the breach. Civil penalties can include fines up to a maximum of $126,000 for corporations and $25,200 for individuals, as outlined in section 97 of the Act. Criminal penalties can include imprisonment for up to five years or fines, or both, for offences involving serious safety violations. CASA has the authority to pursue these penalties to ensure that the safety standards set by ADs are strictly enforced.