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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/B737/329 affecting Boeing 737 series aeroplanes. The United States FAA issued AD 2009-10-10R1 on 23 December 2009 which supersedes the requirements of AD/B737/329 and as such this AD has been cancelled. The United States is the state of design for these aircraft. The cancellation will become effective on 27 January 2010.
No consultation with the Australian public has taken place on this AD cancellation. 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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legislative framework for civil aviation in Australia, with a strong emphasis on safety and regulation. Under this Act, the Civil Aviation Safety Regulations 1998 were introduced to ensure that aircraft and aeronautical products meet the required safety standards. One of the key mechanisms provided by these regulations is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), as stipulated in regulation 39.001. ADs serve as a critical tool for maintaining the continuing airworthiness of aircraft, aligning with international standards set by Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Act 1988 empowers the Governor-General to make regulations in the interests of air navigation safety, thereby enabling CASA to mandate specific requirements for aircraft types registered in Australia. This regulatory approach ensures that Australian aviation standards are harmonised with international practices, ultimately enhancing the overall safety and reliability of civil aviation in Australia.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, establishes the legislative framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General can make regulations, which include the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft. These ADs are legislative instruments under section 46A of the Acts Interpretation Act 1901, and they apply to all aircraft or aeronautical products registered in Australia. The State of Design, in this case the United States, has the primary responsibility for providing necessary information to maintain airworthiness, and CASA, as Australia’s national airworthiness authority, must assess and, if necessary, issue corresponding ADs to mandate these requirements. The ADs apply to specific aircraft types, such as the Boeing 737 series, and are binding on all entities operating these aircraft within Australian jurisdiction. Any ADs issued by CASA or foreign authorities must be complied with by aircraft operators, and failure to do so can result in legal consequences. The scope of these regulations is further defined and managed under Annex 8 to the Convention on International Civil Aviation, ensuring a coordinated international approach to airworthiness standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework for the issuance and management of airworthiness directives (ADs) in Australia. Section 98 of the Act empowers the Governor-General to create regulations that support the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs, as detailed in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
Under the regulatory framework, the State of Design—the country where an aircraft type is designed—bears the primary responsibility for ensuring the continuing airworthiness of that type. This responsibility includes providing necessary information to the States of Registry, which are the countries where individual aircraft are registered. The States of Registry must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft within their jurisdiction. When an AD is issued by the State of Design, CASA, as Australia’s national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
CASA issued an AD affecting Boeing 737 series aeroplanes, but this has since been superseded by the United States Federal Aviation Administration’s (FAA) AD 2009-10-10R1, issued on 23 December 2009. Consequently, the CASA AD/B737/329 has been cancelled, effective 27 January 2010. It is important to note that no consultation with the Australian public was conducted regarding this cancellation, and the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD cancellation was made by the Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch on behalf of CASA, in accordance with subsection 94(1) of the Act.
The Civil Aviation Safety Regulations 1998 impose several obligations on the entities they govern, primarily focusing on ensuring the continuing airworthiness of aircraft. CASA, as the national airworthiness authority, must assess ADs issued by States of Design and, if appropriate, issue corresponding Australian ADs. This ensures that Australian aircraft meet international safety standards. States of Registry must also develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within their jurisdiction, adhering to the directives issued by the State of Design. Furthermore, the State of Design must provide necessary information to support the airworthiness of aircraft types.
Failure to comply with ADs can lead to significant consequences. Under the Civil Aviation Act 1988, aircraft that do not meet the requirements specified in an AD may be deemed unairworthy. This can result in the grounding of the aircraft, preventing it from operating until the required modifications or inspections are completed. Additionally, non-compliance with ADs can lead to enforcement actions by CASA, including fines and potential prosecution. The maximum penalties for breaches of the Civil Aviation Act 1988 and the associated regulations can vary, but they may include substantial fines and imprisonment for individuals, as well as fines for corporations. These measures are designed to enforce compliance and ensure the safety of air navigation.