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 2005-20-30 affecting Boeing 747 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B747/163, Amendment 3, which will become effective on 19 January 2006. 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 by the Australian Parliament, serves to regulate civil aviation in Australia and ensure the safety of air navigation. This Act empowers the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, for maintaining airworthiness standards and ensuring the safety of aircraft. These regulations enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are crucial for continuing airworthiness of aircraft and are issued in compliance with international standards set by the International Civil Aviation Organization (ICAO). The objective of this regulatory framework is to harmonise Australian airworthiness directives with international standards, particularly in response to directives issued by the State of Design, such as the US Federal Aviation Administration (FAA) in this case. The ADs are issued by CASA, the national airworthiness authority, to enforce safety requirements on aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under 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. These directives are issued to ensure the safety of air navigation, aligning with international standards as set out in Annex 8 to the Convention on International Civil Aviation. ADs are legislative instruments that hold legal standing and are subject to disallowance under the Acts Interpretation Act 1901. In the context of the AD issued for the Boeing 747 model aircraft, the State of Design, the United States, issued an initial AD, which CASA assessed and subsequently translated into an Australian AD to mandate corresponding requirements for aircraft registered in Australia. The AD, reflecting Australia's commitments under international civil aviation conventions, does not necessitate public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. CASA issues these directives under the authority granted by the Act, ensuring compliance with international obligations and maintaining the continuing airworthiness of aircraft registered within Australia.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 lay out the framework for the issue of airworthiness directives (ADs) in Australia. Section 98 of the Act allows the Governor-General to create regulations aimed at ensuring the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. Subregulation 39.001(5) clarifies that ADs are disallowable instruments under the Acts Interpretation Act 1901, and hence are considered legislative instruments as per section 6 of the Legislative Instruments Act 2003. These ADs are integral to maintaining the continuing airworthiness of aircraft, a responsibility that ultimately falls to the State of Registry as per Annex 8 of the Convention on International Civil Aviation.
The obligations imposed by these provisions require CASA to act promptly when an AD is issued by the State of Design, which in this case is the United States for Boeing 747 model aircraft. CASA must assess the information provided by the State of Design and, if necessary, issue an Australian AD to mandate the same requirements. This process ensures that the continuing airworthiness of aircraft registered in Australia aligns with international standards and practices. It is also worth noting that, due to the international obligations under the Convention on International Civil Aviation, no consultation with the Australian public is required for these ADs, and the Office of Regulatory Review has determined that they do not necessitate a Regulatory Impact Statement. The ADs are made by authorised personnel within CASA, ensuring compliance with the relevant legislative provisions.
Non-compliance with ADs can lead to serious consequences under Australian law. Civil penalties can be imposed for breaches of ADs, and these penalties can be significant. For instance, under section 84A(2) of the Civil Aviation Act 1988, failure to comply with an AD can result in penalties that may include fines and imprisonment. Specifically, for each contravention of an AD, the maximum penalty can be substantial, reflecting the critical importance of adhering to airworthiness directives to ensure the safety of air navigation. These legal consequences underscore the importance of strict compliance with ADs by all relevant parties, including aircraft operators, maintenance providers, and other stakeholders.