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 United States FAA has issued AD 2008-24-05 affecting Boeing 737 model aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B737/349, which will become effective on 15 January 2009.
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, Systems and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a framework for the regulation of civil aviation in Australia, addressing the need for consistent and effective safety standards within the aviation sector. The Act empowers the Governor-General to make regulations that ensure the safety of air navigation, which includes the issuance of airworthiness directives (ADs) as stipulated under regulation 39.001 of the Civil Aviation Safety Regulations 1998. This legislative framework responds to the necessity of maintaining the continuing airworthiness of aircraft, aligning with international standards set by the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 provide the Civil Aviation Safety Authority (CASA) with the authority to issue ADs, ensuring that the continuing airworthiness of aircraft is maintained through the enforcement of specific requirements. In accordance with the Convention, Australia's national airworthiness authority, CASA, is obligated to issue Australian ADs in response to those issued by the relevant State of Design, such as the recent AD issued by the United States Federal Aviation Administration (FAA) affecting Boeing 737 model aircraft.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that pertain to specific kinds of aircraft or aeronautical products, with the overarching aim of ensuring the safety of air navigation. These ADs, which are legislative instruments, mandate certain safety requirements that must be met to maintain the airworthiness of affected aircraft. The State of Design, typically the country where the aircraft is designed, has the primary responsibility for ensuring the continuing airworthiness of an aircraft type, and ADs are the primary means through which this information is disseminated to other states, including States of Registry. CASA, as Australia's national airworthiness authority, must assess any ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to enforce these requirements within Australia. This process is conducted under the framework of the Convention on International Civil Aviation and does not require public consultation or a Regulatory Impact Statement, as it is directly linked to Australia's international obligations and the actions of the relevant State of Design.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia. According to section 98 of the Act, the Governor-General has the authority to make regulations that promote the safety of air navigation, while regulation 39.001 of the Regulations permits the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are treated as legislative instruments according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and Regulations primarily focus on ensuring the continuing airworthiness of aircraft. The State of Design has the responsibility to provide information necessary for maintaining the airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in Australia is represented by CASA, must assess the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the requirements. This process is designed to align with international standards and to ensure that aircraft registered in Australia meet the necessary safety standards.
Failure to comply with ADs can result in serious consequences. Section 39.001(5) of the Civil Aviation Safety Regulations 1998 indicates that ADs are enforceable under the law, and non-compliance can lead to penalties. Although specific penalties are not detailed in the provided text, general aviation regulations typically include civil penalties for non-compliance with ADs, which can include fines and, in severe cases, suspension or revocation of aircraft certificates of airworthiness. Criminal penalties may also apply if the non-compliance results in significant safety risks or incidents.
In summary, the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 establish a structured approach to issuing ADs, ensuring that they align with international standards and are enforced to maintain the highest safety standards in Australian aviation. The regulations impose clear obligations on the State of Design and the State of Registry to ensure that aircraft remain airworthy, and they provide a framework for imposing penalties for non-compliance.