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 issued AD 2008-11-04, affecting Boeing B737 aircraft, in 2008. The USA is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to correct a reference to exclusion provisions in the FAA AD. The amended AD, AD/B737/332 Amendment 1, will become effective on 30 July 2009. This AD cancels and replaces the previous issue.
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 & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to provide a comprehensive legal framework for the regulation of civil aviation in Australia, includes provisions for the issuance of airworthiness directives (ADs) under section 98. The Civil Aviation Safety Regulations 1998 further detail the mechanisms by which ADs can be issued, with regulation 39.001 allowing the Civil Aviation Safety Authority (CASA) to mandate airworthiness directives for specified types of aircraft or aeronautical products. These ADs, as legislative instruments, are subject to disallowance under section 46A of the Acts Interpretation Act 1901, and are considered disallowable instruments in accordance with section 6 of the Legislative Instruments Act 2003. The issuance of ADs is integral to maintaining the continuing airworthiness of aircraft as per Annex 8 to the Convention on International Civil Aviation, which places the responsibility for such directives on the State of Design. CASA, as Australia's national airworthiness authority, must act on these directives to ensure compliance with international standards and the safety of air navigation.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, pertain to the safety of air navigation within Australia, with a particular emphasis on the issuance of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to enact regulations necessary for air navigation safety. Pursuant to regulation 39.001 of these regulations, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and regulated by the Legislative Instruments Act 2003. The ADs are integral to ensuring the continuing airworthiness of aircraft, a responsibility shared by the State of Design and the State of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. In cases where a State of Design issues an AD, CASA, as Australia's national airworthiness authority, is obliged to assess the information and, if necessary, issue a corresponding Australian AD to enforce the requirements stipulated by the State of Design. This regulatory framework ensures that Australian aircraft meet international safety standards and that CASA's actions are consistent with Australia's commitments under the Convention on International Civil Aviation.
Key Provisions
The key operative sections of the Civil Aviation Act 1988, specifically section 98, allow the Governor-General to make regulations for the Act, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments as per section 46A of the Acts Interpretation Act 1901 and are governed by the Legislative Instruments Act 2003. ADs are pivotal for maintaining the continuing airworthiness of aircraft and are issued by the Civil Aviation Safety Authority (CASA) in compliance with Annex 8 of the Convention on International Civil Aviation.
The obligations imposed by these regulations require CASA to act on information provided by the State of Design and to issue corresponding ADs for aircraft on the Australian Register. This involves a process where CASA assesses the ADs issued by the State of Design and issues an Australian equivalent if necessary, ensuring that all aircraft within Australia adhere to international standards for safety and airworthiness. Additionally, CASA must ensure that these ADs are aligned with Australia’s obligations under international aviation conventions.
The Civil Aviation Safety Regulations 1998 also outline the penalties for non-compliance with airworthiness directives. While the specific penalties are not detailed in the provided text, it is established that breaches of these regulations can result in civil or criminal consequences. Typically, such breaches might lead to fines, imprisonment, or other legal repercussions, depending on the severity of the violation and the discretion of the court. The exact penalties would be determined based on the specific breach and the applicable laws at the time of the offence.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 mandate that CASA issues ADs to ensure the safety and continuing airworthiness of aircraft. The State of Registry must comply with these ADs, which are issued based on international standards and the requirements of the State of Design. Failure to comply with these regulations can result in significant legal consequences, highlighting the importance of adherence to these safety mandates.