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 2008-12-04 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/B737/335, 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 Commonwealth Parliament, serves to regulate civil aviation within Australia with a primary focus on ensuring the safety of air navigation. In accordance with section 98 of this Act, the Governor-General is empowered to issue regulations that facilitate the Act’s objectives. One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The policy objective of these regulations is to harmonise Australia’s approach to airworthiness with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, ensuring that Australia's responsibilities as a State of Registry are met through the adoption and enforcement of necessary ADs.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by F2008L02565, apply to all aircraft and aeronautical products registered in Australia, as well as to the entities that operate or maintain these aircraft and products. The regulations are designed to ensure the continuing airworthiness of aircraft and are applicable nationally, in accordance with Australia's commitments under the Convention on International Civil Aviation. The scope of these regulations includes the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) to address safety issues identified with specific types of aircraft or aeronautical products. These directives are legislative instruments that become effective upon issuance and must be adhered to by the relevant operators and maintainers. The process for issuing such directives is streamlined to address international safety concerns without the need for public consultation or a Regulatory Impact Statement, as mandated by Annex 8 of the Convention and the Civil Aviation Act 1988. Any exclusions or exemptions from these regulations would typically be detailed within the specific airworthiness directives or in related subordinate instruments.
Key Provisions
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the framework for the regulation of airworthiness directives (ADs) in Australia. Section 98 of the Act allows the Governor-General to make regulations that contribute to the safety of air navigation, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. These ADs serve as legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901.
The obligations under the Act and Regulations require CASA to act on ADs issued by the State of Design of a particular aircraft type. When the United States, as the State of Design, issues an AD for Boeing B737 model aircraft, CASA must evaluate this information. If deemed necessary, CASA must then issue its own AD for the Australian context. This ensures that Australian-registered aircraft meet the continuing airworthiness standards set by the relevant State of Design. The State of Registry, in this case Australia, has the ultimate responsibility for the continuing airworthiness of each aircraft, and must implement the requirements set forth in any issued AD.
The Civil Aviation Safety Regulations 1998, and more specifically subregulation 39.001(5), detail the process and authority behind issuing ADs. These regulations underscore that ADs are issued in response to international obligations and to ensure the safety and airworthiness of aircraft registered in Australia. Additionally, the Legislative Instruments Act 2003 confirms that ADs are legislative instruments, subject to certain scrutiny processes. However, given their nature and the international obligations under the Convention on International Civil Aviation, ADs typically do not require public consultation or a Regulatory Impact Statement.
In terms of consequences, failure to comply with an AD can have serious repercussions. Civil penalties, including fines, can be imposed for non-compliance. Additionally, criminal penalties may apply, including imprisonment, for more severe breaches. The specific penalties are outlined in the Civil Aviation Act 1988 and related regulations, with the severity of the penalty often dependent on the nature and impact of the non-compliance. CASA has the authority to enforce these provisions and ensure that all aircraft meet the required airworthiness standards.