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 2000-12-16, affecting Boeing B747 model aircraft. 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 correct the issue date of a Boeing Alert Service Bulletin. The amended AD, AD/B747/168 Amendment 3, will become effective on 30 July 2009. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, allows for the creation of airworthiness directives (ADs) to ensure the ongoing safety of aircraft and aeronautical products in Australia. This legislative framework empowers the Civil Aviation Safety Authority (CASA) to issue ADs that mandate the compliance of aircraft within Australia to international safety standards. The problem this legislation addresses is the need for a robust mechanism to ensure the continuing airworthiness of aircraft, given the global nature of aviation and the responsibilities of different states in maintaining safety standards as outlined in the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 further delegate the authority to CASA to issue these directives, ensuring that any safety concerns identified by the State of Design are effectively communicated and enforced within Australia. The policy objective is to maintain the highest safety standards in line with international obligations and to protect the public from aviation risks.
Scope and Application
The Civil Aviation Safety Regulations 1998 under the Civil Aviation Act 1988 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are issued to ensure the continuing airworthiness of aircraft and aeronautical products registered in Australia, aligning with the requirements set forth in Annex 8 of the Convention on International Civil Aviation. ADs are legislative instruments and are considered disallowable instruments under the Acts Interpretation Act 1901. The State of Registry, which is Australia in this context, is responsible for the ongoing airworthiness of individual aircraft and must adhere to the requirements established by the relevant State of Design. In the instance of the Boeing B747 model aircraft, CASA has amended the corresponding Australian AD to address an issue identified by the US Federal Aviation Administration, ensuring that Australian registered aircraft comply with international standards. The issuance of these ADs is made without public consultation, and they do not require a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. The ADs are formulated by CASA, specifically by the Manager, Airframes & Structures within the Airworthiness Engineering Group, in accordance with the provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, allows the Governor-General to create regulations that serve the Act’s purpose and enhance the safety of air navigation. 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. Subregulation 39.001(5) stipulates that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thus making it a legislative instrument in line with section 6 of the Legislative Instruments Act 2003.
Obligations imposed by the Act and its Regulations primarily rest on CASA, as the national airworthiness authority. CASA is tasked with assessing information provided by the State of Design, which is responsible for the continuing airworthiness of an aircraft type. If necessary, CASA must issue an Australian AD to enforce the requirements of the State of Design. This ensures that all aircraft registered in Australia meet international safety standards. Furthermore, the State of Registry of an individual aircraft must develop or adopt requirements to ensure the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation.
In terms of enforcement, breaches of the Civil Aviation Act 1988 and the associated regulations may lead to various civil and criminal consequences. While specific offences and penalties are not detailed in the provided text, it is understood that non-compliance with ADs can result in severe penalties, including fines and imprisonment. The exact penalties would depend on the nature and severity of the breach. The Civil Aviation Safety Regulations 1998, along with other related legislation, likely outline specific penalties for non-compliance, which would be enforced by CASA.