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 2008-04-21 affecting Boeing B737 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B737/319, which will become effective on 5 June 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, Airframe and Structures 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 Commonwealth Parliament, serves to regulate civil aviation in Australia and ensure the safety and efficiency of air navigation. The 1988 Act empowers the Governor-General to establish regulations for air navigation safety. Under section 98, the Civil Aviation Safety Regulations 1998 were created, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are essential for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. As a legislative instrument, ADs are subject to disallowance and scrutiny under the Legislative Instruments Act 2003. CASA, as Australia's national airworthiness authority, issues ADs in response to those from the relevant State of Design, ensuring compliance with international obligations and the safety of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998 under the Civil Aviation Act 1988 authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. The ADs mandate requirements to ensure the continuing airworthiness of aircraft registered in Australia, aligning with international standards set by the International Civil Aviation Organization (ICAO) and the State of Design. For instance, CASA issued AD/B737/319 in response to a U.S. Federal Aviation Administration (FAA) directive for Boeing B737 model aircraft, reflecting Australia's commitment to international aviation safety standards. This process does not involve public consultation as it is driven by international obligations, and the Office of Best Practice Regulation has determined that such ADs do not require a Regulatory Impact Statement. The ADs are issued by CASA under the authority granted by the Act, ensuring that all aircraft registered in Australia meet necessary safety standards.
Key Provisions
The Civil Aviation Act 1988 (the "Act") allows the Governor-General to make regulations for the safety of air navigation (s 98). Under the Civil Aviation Safety Regulations 1998 (the "Regulations"), the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (reg 39.001). These directives are legislative instruments that are subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are governed by the Legislative Instruments Act 2003 (reg 39.001(5)).
In line with international standards set by the Convention on International Civil Aviation, the State of Design is responsible for the ongoing airworthiness of an aircraft type and must provide necessary information to ensure its continued airworthiness to the appropriate States of Registry (Annex 8). The State of Registry, in this case CASA as Australia’s national airworthiness authority, must then develop or adopt requirements to maintain the continuing airworthiness of aircraft within its jurisdiction. When a State of Design issues an AD, CASA is obligated to evaluate the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design (Annex 8).
The United States Federal Aviation Administration (FAA) has issued AD 2008-04-21 concerning Boeing B737 model aircraft, as the USA is the State of Design for this type. CASA has reviewed this AD and subsequently issued Australian AD/B737/319, which will take effect on 5 June 2008. Because this AD is a response to international obligations and an AD issued by the relevant State of Design, no public consultation has been conducted on this AD. The Office of Best Practice Regulation has concluded that ADs do not require a Regulatory Impact Statement. The AD was made by the Acting Manager, Airframe and Structures in the Airworthiness Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Failure to comply with an AD may result in enforcement actions by CASA, which can include fines and other sanctions. The maximum penalty for non-compliance with a civil aviation regulation can vary, but under the Civil Aviation Act 1988, penalties can include substantial fines and, in serious cases, imprisonment. For example, section 121 of the Act provides for fines up to 300 penalty units ($56,250 as of 2023) or imprisonment for up to two years for breaches related to airworthiness. Additionally, CASA may also impose operational restrictions or revoke an aircraft’s certificate of airworthiness, which can have significant implications for aircraft operators and the safety of air navigation.