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 2009-19-02 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/B737/361, which will become effective on 19 November 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 Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia with a focus on safety and efficiency. The 1988 Act empowers the Governor-General to make regulations to ensure the safety of air navigation. Under this legislative framework, the Civil Aviation Safety Regulations 1998 were also enacted, providing the Civil Aviation Safety Authority (CASA) with the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory structure was put in place to align with international standards, particularly those set forth in Annex 8 to the Convention on International Civil Aviation, ensuring that Australia upholds its commitments to global aviation safety protocols. The issuance of ADs is a critical mechanism for maintaining the continuing airworthiness of aircraft, with CASA mandated to issue Australian ADs in response to directives from the State of Design when necessary.
Scope and Application
The Civil Aviation Act 1988 applies to various persons, entities, and industries involved in civil aviation within Australia, encompassing the safety and airworthiness of aircraft and aeronautical products. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, which are legislative instruments subject to disallowance and reporting under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, respectively. The scope of these ADs is both national and international, as they must align with the standards set by the Convention on International Civil Aviation, particularly Annex 8, which places responsibility on the State of Design to ensure continuing airworthiness and mandates the State of Registry to enforce these standards domestically. This legislative framework ensures that Australian authorities, such as CASA, can issue their own ADs in response to those from the aircraft's State of Design, thereby maintaining safety standards in line with international obligations. The process of issuing ADs typically does not involve public consultation, as they are responses to international obligations and specific safety concerns identified by the aircraft's State of Design.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to create regulations that contribute to the safety of air navigation. In line with this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises 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 subregulation 39.001(5) and are in accordance with section 6 of the Legislative Instruments Act 2003.
Under the Convention on International Civil Aviation, particularly Annex 8, the State of Design of an aircraft type holds the primary responsibility for the ongoing airworthiness of that type. This includes providing any necessary information to ensure the airworthiness of the aircraft type to the appropriate States of Registry. ADs are a common means through which such information is disseminated, and they are issued by most ICAO Contracting States. Concurrently, the State of Registry of an individual aircraft bears the responsibility for its continuing airworthiness, and it must develop or adopt requirements to ensure this under Annex 8. When the State of Design issues an AD affecting a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must assess this information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design.
Given that AD 2009-19-02, issued by the US Federal Aviation Administration (FAA) concerning Boeing B737 model aircraft, originated from the USA as the State of Design, CASA has evaluated this AD and subsequently issued Australian AD/B737/361. This Australian AD is set to become effective on 19 November 2009. As this AD is mandated by Australia’s obligations under the Convention on International Civil Aviation and is in response to an AD issued by the relevant State of Design, no consultation with the Australian public was conducted on this directive. The Office of Best Practice Regulation has also determined that ADs do not necessitate a Regulatory Impact Statement.
The AD was made by the Manager Initial Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act. This section outlines the process and authority under which CASA issues ADs. The implications of these ADs are significant, as they impose obligations on aircraft operators to comply with the specified airworthiness requirements to ensure safety standards are met. Non-compliance with ADs can lead to severe consequences, including the potential grounding of aircraft and significant civil or criminal penalties. The exact penalties for non-compliance with ADs are not detailed in the provided text, but such breaches can result in substantial financial penalties and legal ramifications under aviation law.