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 2009-14-04 affecting Boeing 737 series aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/B737/359, which will become effective on
27 August 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive regulatory framework for civil aviation in Australia, focusing on ensuring the safety and efficiency of air navigation. One of the critical mechanisms within this framework is the issuance of airworthiness directives (ADs), which are detailed regulations that address specific safety issues related to aircraft or aeronautical products. Under section 98 of the Act, the Governor-General has the authority to make regulations that support the Act's safety objectives. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue these directives. As these directives are considered legislative instruments, they are subject to disallowance and the scrutiny of the Legislative Instruments Act 2003. The ADs are issued in compliance with international standards set by the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Design (where the aircraft type is designed) provides essential information to ensure the continuing airworthiness of the aircraft type. CASA, as Australia's national airworthiness authority, is responsible for assessing and implementing these directives for aircraft registered in Australia, ensuring they meet the international safety standards and requirements.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This authority is exercised under regulation 39.001, which ensures that these directives serve the overarching goal of maintaining air navigation safety as outlined in section 98 of the Act. The issuance of ADs is integral to fulfilling Australia’s obligations under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has primary responsibility for the continuing airworthiness of aircraft types. Consequently, CASA, acting as Australia’s national airworthiness authority, is required to assess and, if necessary, implement Australian ADs to enforce the requirements set forth by the State of Design. These directives apply to any aircraft registered in Australia and are aimed at ensuring that the aircraft meet safety standards as specified by the relevant State of Design. Notably, because these ADs are directly responsive to international obligations and requirements, they are not subject to public consultation or the need for a Regulatory Impact Statement. The ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and are issued by CASA in compliance with the Legislative Instruments Act 2003.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together enable the issuance of airworthiness directives (ADs) under regulation 39.001. The Civil Aviation Safety Authority (CASA) can issue these directives for specific kinds of aircraft or aeronautical products. As per section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that serve the interests of air navigation safety. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is also a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations of the parties governed by the Act include the State of Design, which bears the primary responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to ensure this airworthiness. The State of Registry, which in this case is Australia, is responsible for the continuing airworthiness of individual aircraft. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that the aircraft maintain the safety standards required by international agreements and regulations.
Breach of the requirements set forth in an AD could lead to serious consequences. Under the Civil Aviation Act 1988, failure to comply with an AD can result in civil or criminal penalties. The specific penalties for non-compliance are not detailed in the provided text, but typically, such breaches can result in fines and, in more severe cases, imprisonment. CASA has the authority to enforce these directives and can take action against entities that do not comply with the mandated safety requirements.