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 issued AD 90-25-01, affecting Boeing 737 aircraft. The United States is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to introduce a method of compliance for 737-600/-700/-700C/-800/-900/-900ER aircraft. The amended AD, AD/B737/52 Amendment 3, will become effective on 5 September 2011. This AD cancels and replaces the previous issue.
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, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted by the Commonwealth Parliament to provide a regulatory framework for civil aviation in Australia, addressing the need for comprehensive safety and operational standards in the aviation industry. The Act authorises the Governor-General to make regulations to ensure the safety of air navigation, which is a critical aspect of maintaining the integrity and security of Australia's airspace. Specifically, under section 98 of the Act, the Civil Aviation Safety Regulations 1998 were introduced to provide detailed provisions for implementing the regulatory framework set out in the Act, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The policy objective of these regulations is to ensure that aircraft and aeronautical products meet the necessary safety standards, thereby protecting public safety and maintaining the high standards of international civil aviation as stipulated in the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia, which are designed to ensure the continuing airworthiness of aircraft. Under the Act, the Governor-General has the authority to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901. The ADs must align with international standards set out in Annex 8 to the Convention on International Civil Aviation, where the State of Design is responsible for ensuring the continuing airworthiness of an aircraft type and the State of Registry must adopt requirements to maintain airworthiness. CASA, as Australia’s national airworthiness authority, is required to assess and, where appropriate, implement ADs issued by the State of Design to mandate compliance for aircraft registered in Australia. This ensures that Australian aviation standards are consistent with international obligations and industry practices.
Key Provisions
The Civil Aviation (Safety) Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. Specifically, regulation 39.001 allows CASA to issue these directives, which are legislative instruments under the Legislative Instruments Act 2003, aimed at ensuring the safety of air navigation. This directive follows the framework established by Annex 8 to the Convention on International Civil Aviation, where the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, and the State of Registry must ensure the ongoing airworthiness of individual aircraft. Consequently, when the United States Federal Aviation Administration (FAA) issued AD 90-25-01 for Boeing 737 aircraft, CASA, acting as Australia's national airworthiness authority, was obliged to assess and, if necessary, issue an Australian equivalent to mandate these requirements.
This AD, titled AD/B737/52 Amendment 3, was issued because Australia is bound by the Convention on International Civil Aviation and must adhere to directives from the relevant State of Design. As a result, there was no consultation with the Australian public regarding this directive. Additionally, the Office of Regulatory Review determined that ADs do not necessitate a Regulatory Impact Statement. The directive was made by the Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with section 94(1) of the Civil Aviation Act 1988.
Failure to comply with airworthiness directives can result in severe consequences. Firstly, aircraft found not to comply with an AD may be deemed unairworthy, which can lead to grounding of the aircraft, preventing it from operating until the necessary compliance measures are implemented. Additionally, operators failing to adhere to ADs may face regulatory action, including fines and other penalties. Under the Civil Aviation Act 1988, serious non-compliance can result in civil penalties, with maximum fines reaching up to $300,000 for corporations and $60,000 for individuals. In more severe cases, criminal penalties may apply, leading to imprisonment for up to five years. These measures underscore the critical importance of adhering to ADs to maintain the highest standards of aviation safety.