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 2008-11-08 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/B737/334, which will become effective on 31 July 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, is foundational legislation designed to govern and regulate civil aviation within Australia. It provides the legal framework for the safety, efficiency, and orderly growth of civil aviation, addressing issues such as aircraft registration, airworthiness, and the certification of aeronautical products and personnel. Complementing this Act, the Civil Aviation Safety Regulations 1998 outline specific operational and safety standards, including the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products under regulation 39.001. This legislative arrangement ensures that Australia meets its international obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft. The policy objective is to maintain and enhance the safety of air navigation and the integrity of the Australian civil aviation system.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework within which the Civil Aviation Safety Authority (CASA) issues airworthiness directives (ADs). These regulations empower CASA to issue ADs concerning particular types of aircraft or aeronautical products under regulation 39.001. Importantly, ADs are considered legislative instruments under the Legislative Instruments Act 2003, subject to disallowance provisions as outlined in the Acts Interpretation Act 1901. The scope of these directives is influenced by international standards set out in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design for an aircraft type is responsible for its continuing airworthiness, requiring them to provide necessary information to States of Registry. In Australia, CASA, acting as the national airworthiness authority, must evaluate such information and, if deemed necessary, issue corresponding Australian ADs to ensure compliance with international standards. This jurisdictional responsibility extends to assessing and implementing ADs issued by other countries, such as the United States Federal Aviation Administration's AD 2008-11-08 concerning Boeing B737 aircraft, which CASA has translated into AD/B737/334, effective from 31 July 2008. Notably, these directives are enacted without public consultation, as they respond to international obligations and are not subject to a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework under which airworthiness directives (ADs) are issued to ensure the safety of air navigation. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) specifies that an AD is a disallowable instrument, thus a legislative instrument under section 6 of the Legislative Instruments Act 2003.
Under these regulations, CASA has the responsibility to issue ADs when required to ensure the continuing airworthiness of aircraft on the Australian Register. This obligation stems from Annex 8 to the Convention on International Civil Aviation, which designates the State of Design with overall responsibility for the continuing airworthiness of an aircraft type. Consequently, the State of Registry, in this case CASA, must adopt or develop requirements to ensure the airworthiness of aircraft registered within its jurisdiction. For example, when the United States Federal Aviation Administration (FAA) issues an AD for a type of aircraft registered in Australia, CASA must assess the directive and, if appropriate, issue a corresponding Australian AD.
The obligations imposed on CASA and other entities governed by these regulations include the requirement to promptly assess and, if necessary, issue an AD to align with the requirements of the State of Design. This process is conducted without public consultation due to Australia's international obligations under the Convention on International Civil Aviation and the nature of ADs as continuing airworthiness information. The Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement, streamlining the process for issuing such directives. For instance, CASA issued Australian AD/B737/334 in response to the US FAA's AD 2008-11-08, which pertains to Boeing B737 model aircraft.
Failure to comply with an AD can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance may lead to criminal charges, including fines and imprisonment. The maximum penalties for contravening an AD can be substantial, reflecting the critical importance of air safety. CASA's authority to enforce compliance ensures that all aircraft operating within Australia meet the necessary safety standards, thus protecting the public and maintaining the integrity of the national aviation system.