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 2009-01-02 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/B737/352, which will become effective on 12 March 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 Acting Manager, Airframes and 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 was enacted to ensure the safety of air navigation within Australia and to align the country's aviation regulations with international standards, particularly under the Convention on International Civil Aviation. The Act provides the legislative framework for the regulation of civil aviation in Australia, including the issuance of airworthiness directives (ADs) to ensure that aircraft and aeronautical products meet safety standards. The Civil Aviation Safety Regulations 1998 further detail the requirements for issuing ADs, which are essential for maintaining the continuing airworthiness of aircraft types. The Act empowers the Governor-General to make regulations in the interests of air navigation safety, and under these regulations, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments that must comply with the requirements of the Legislative Instruments Act 2003. The policy objective behind the Act is to ensure that Australian civil aviation maintains the highest safety standards, in line with international obligations and best practices.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments under the Legislative Instruments Act 2003, as they are disallowable instruments as defined by section 46A of the Acts Interpretation Act 1901. ADs play a critical role in maintaining the continuing airworthiness of aircraft, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design holds primary responsibility for the airworthiness of an aircraft type and must provide necessary information to the States of Registry, which in turn are responsible for implementing these directives. For instance, in response to an AD issued by the US Federal Aviation Administration for Boeing B737 aircraft, CASA has assessed and issued its own AD to mandate these requirements within Australia. Given the international obligations and the specific nature of ADs, there is no requirement for public consultation or a Regulatory Impact Statement. Instead, these directives are issued by CASA's Airworthiness Engineering Group, ensuring compliance with international standards and Australian aviation safety regulations.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance and enforcement of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to create regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are legislative instruments and are subject to disallowance under section 46A of the Acts Interpretation Act 1901, as per subregulation 39.001(5).
The obligations imposed by the Act and the Regulations are primarily on CASA as the national airworthiness authority. CASA must assess ADs issued by the State of Design—the country responsible for the design of the aircraft—and determine if an Australian AD is necessary. This involves ensuring that the safety standards set forth in the foreign AD are appropriate for the Australian context. The State of Registry, which is the country where the aircraft is registered, is also responsible for ensuring the continuing airworthiness of the aircraft in accordance with Annex 8 to the Convention on International Civil Aviation.
There are significant consequences for non-compliance with ADs. Under regulation 39.003 of the Civil Aviation Safety Regulations 1998, failure to comply with an AD can result in a range of civil and criminal penalties. Civil penalties can include fines and other sanctions, while criminal penalties can include imprisonment. The specific maximum penalties are not detailed in the provided text, but they can vary based on the severity of the non-compliance and the potential risk to safety. CASA has the authority to enforce these penalties to ensure that all stakeholders adhere to the airworthiness standards set forth in the ADs.