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 issued AD 99-10-12, affecting Boeing 737 model aircraft, in 1999. The USA is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to clarify the inspection intervals. The amended AD, AD/B737/57 Amendment 3, will become effective on 27 October 2005. 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, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to enhance the safety and regulation of civil aviation in Australia, empowers the Governor-General to create regulations that safeguard air navigation. This Act serves to address the need for comprehensive legislative oversight in the aviation sector, ensuring that all aspects of civil aviation are managed with a focus on safety and compliance with international standards. In the context of airworthiness directives, the Civil Aviation Safety Regulations 1998 further detail the authority of the Civil Aviation Safety Authority (CASA) to issue such directives for specified types of aircraft and aeronautical products. These regulations are crafted in alignment with international conventions, such as Annex 8 to the Convention on International Civil Aviation, which underscores the responsibility of the State of Design in maintaining the continuing airworthiness of aircraft types and necessitates the dissemination of necessary information to States of Registry. CASA, as Australia's national airworthiness authority, ensures that Australian aviation standards remain consistent with international requirements by issuing airworthiness directives in response to those issued by the relevant State of Design, thus fulfilling Australia's international obligations and maintaining the safety standards within the Australian aviation industry.
Scope and Application
The Civil Aviation Act 1988, alongside the Civil Aviation Safety Regulations 1998, provides the legislative framework under which airworthiness directives (ADs) are issued in Australia. Under these provisions, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for particular types of aircraft or aeronautical products in order to ensure the safety of air navigation. These directives are legislative instruments and are made in accordance with Australia's obligations under international conventions, particularly Annex 8 to the Convention on International Civil Aviation. The State of Design, which is the country where an aircraft type is designed, holds the primary responsibility for the continuing airworthiness of the aircraft type, and must provide necessary information to the States of Registry, who are responsible for individual aircraft registered within their jurisdiction. CASA, as Australia’s national airworthiness authority, must assess information from the State of Design and issue corresponding ADs as appropriate. This ensures that Australian-registered aircraft meet international safety standards. The issuance of these ADs is conducted without public consultation due to their international nature and the urgent safety requirements they address.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to create regulations that 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 airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Section 6 of the Legislative Instruments Act 2003 classifies ADs as legislative instruments, and under section 46A of the Acts Interpretation Act 1901, ADs are considered disallowable instruments. This means that ADs, such as AD/B737/57 Amendment 3, are legally binding and enforceable.
Under the obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA is tasked with the responsibility of ensuring the continuing airworthiness of aircraft registered in Australia. When an AD is issued by the State of Design, in this case the United States Federal Aviation Administration (FAA) for Boeing 737 aircraft, CASA must review the AD and, if deemed necessary, issue an Australian AD to enforce the same requirements on aircraft registered in Australia. This ensures a standardised approach to aircraft safety across different jurisdictions.
In accordance with Annex 8 of the Convention on International Civil Aviation, the State of Registry, which in this case is Australia, is responsible for the continuing airworthiness of aircraft registered within its borders. This includes ensuring that any ADs issued by the State of Design are implemented in Australia. Failure to comply with ADs can result in severe consequences, including the grounding of aircraft and potential criminal or civil penalties for non-compliance.
The Civil Aviation Safety Regulations 1998 outline the potential consequences for non-compliance with ADs. While specific offences and penalties are not detailed in the provided text, it is reasonable to infer that non-compliance could result in significant civil or criminal penalties, potentially including fines and imprisonment. These consequences are intended to ensure that all parties adhere to the safety standards set out in the ADs, thereby maintaining the overall safety of air navigation in Australia.