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 2008-06-09 affecting Boeing B737-200 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B737/320, 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 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, enacted by the Australian Parliament, establishes the legislative framework for civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were made to further define the requirements and processes for maintaining airworthiness, including the issuance of airworthiness directives (ADs). Section 98 of the Act empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. The policy objective is to ensure that all aircraft operating in Australia meet international safety standards, thereby safeguarding the public and maintaining Australia's obligations under international conventions such as the Convention on International Civil Aviation. This legislative instrument is made in accordance with Australia's commitment to international standards and in response to directives issued by the relevant State of Design, such as the United States in the case of Boeing B737-200 model aircraft.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for issuing airworthiness directives (ADs) to ensure the safety of air navigation in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular kinds of aircraft or aeronautical products. These ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and are created in accordance with the Legislative Instruments Act 2003. ADs are crucial for maintaining the continuing airworthiness of aircraft types, with the State of Design bearing primary responsibility and the State of Registry tasked with implementing these directives within its jurisdiction. In response to international obligations under Annex 8 to the Convention on International Civil Aviation, CASA evaluates and, if necessary, issues Australian ADs to ensure compliance with international safety standards. For example, in response to the US Federal Aviation Administration’s AD 2008-06-09 concerning Boeing B737-200 aircraft, CASA issued Australian AD/B737/320, effective from 5 June 2008. Given the nature of these directives, which are based on international commitments and do not require public consultation, the Office of Best Practice Regulation has concluded that they do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs). Under section 98 of the Act, the Governor-General has the authority to create regulations for the safety of air navigation, which includes the issuance of ADs as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments, as outlined in section 6 of the Legislative Instruments Act 2003, and they fall under the disallowable instrument category pursuant to section 46A of the Acts Interpretation Act 1901. Essentially, ADs are regulatory tools designed to ensure that aircraft and aeronautical products maintain their airworthiness.
The obligations imposed by these provisions primarily rest on the Civil Aviation Safety Authority (CASA), which is Australia's national airworthiness authority. According to Annex 8 to the Convention on International Civil Aviation, the State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to the States of Registry. In this context, CASA must assess any AD issued by the State of Design and, if deemed necessary, issue an Australian AD to mandate the requirements of the foreign AD. This is evident in the case of the US Federal Aviation Administration (FAA) issuing AD 2008-06-09 for Boeing B737-200 model aircraft, leading CASA to issue Australian AD/B737/320.
There are no specific obligations or requirements for the general public or individual aircraft operators under these provisions, as ADs are issued in response to international obligations and specific safety concerns identified by the State of Design. However, the State of Registry, in this case CASA, must ensure that these ADs are followed to maintain the continuing airworthiness of aircraft registered in Australia. Failure to comply with an AD can result in significant civil and criminal consequences. Under section 84A(2) of the Act, CASA has the authority to enforce compliance, and non-compliance can lead to penalties that may include fines and imprisonment, depending on the severity of the breach and the specific circumstances of the case. The exact penalties are not detailed in the provided text, but they are substantial enough to ensure adherence to airworthiness standards.