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 2006-24-02 affecting Boeing B747 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B747/143, Amendment 1, which will become effective on 15 February 2007. 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 was enacted to provide a legal framework for civil aviation in Australia, addressing gaps in safety regulations and the need for a coordinated national approach to airworthiness. The Act empowers the Governor-General to make regulations for the safety of air navigation, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The ADs are legislative instruments subject to disallowance and must align with international standards set by the Convention on International Civil Aviation, specifically Annex 8, which mandates the State of Design to ensure the continuing airworthiness of aircraft types. CASA, as Australia’s national airworthiness authority, is responsible for assessing and issuing Australian ADs based on directives from the State of Design, ensuring compliance with both national and international aviation safety standards.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, governs the safety of air navigation in Australia, with a particular focus on airworthiness directives (ADs). Under this legislation, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs, which are binding legislative instruments aimed at ensuring the continuing airworthiness of aircraft types and aeronautical products. These ADs apply to specific kinds of aircraft or aeronautical products registered in Australia, and CASA's role is to assess international ADs issued by the State of Design and, where appropriate, issue corresponding Australian ADs. The ADs are a direct result of Australia’s obligations under the Convention on International Civil Aviation, and therefore, the ADs issued by CASA do not require consultation with the Australian public nor do they necessitate a Regulatory Impact Statement. The ADs are issued by the Manager, Airframes in CASA's Manufacturing, Certification and New Technologies Office, under the authority of the Act. This legislative framework ensures that aircraft operating in Australia meet international safety standards and that CASA acts as the national airworthiness authority to enforce these standards.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, enable the issuance of airworthiness directives (ADs) through regulation 39.001. This regulation empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) designates these ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, classifying them as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations require CASA to evaluate any ADs issued by the State of Design, which is the country responsible for the design of the aircraft type, and to determine if an Australian AD is necessary. For instance, when the US Federal Aviation Administration (FAA) issued AD 2006-24-02 for Boeing B747 model aircraft, CASA evaluated the directive and subsequently issued Australian AD/B747/143, Amendment 1, effective from 15 February 2007. This Australian AD mandates the compliance requirements of the US FAA's directive and cancels the previous Australian AD.
In terms of compliance, the State of Registry of an aircraft, in this case, CASA, is responsible for ensuring the continuing airworthiness of the aircraft registered in Australia. This involves developing or adopting requirements that align with international standards, such as those outlined in Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design. Therefore, when an AD is issued by the State of Design, CASA must assess and, if necessary, mandate these requirements through an Australian AD.
Any breach of the provisions outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in both civil and criminal consequences. While specific penalties are not detailed in the provided text, general provisions within the Civil Aviation Act 1988 allow for fines and imprisonment for non-compliance with safety regulations. For instance, individuals or entities found to be in breach of airworthiness directives can face significant fines and potential imprisonment, depending on the severity and impact of the non-compliance. These penalties underscore the critical importance of adhering to the mandated safety standards to ensure the safety of air navigation.