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 2007-12-11 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/B747/170, Amendment 1, which will become effective on 2 August 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, enacted by the Australian Parliament, was introduced to regulate the aviation industry in Australia, focusing on ensuring the safety and efficiency of air navigation. The Act provides a legal framework for the operation of civil aviation in Australia and empowers the Civil Aviation Safety Authority (CASA) to issue regulations and directives to maintain airworthiness and safety standards. One such regulation, established under section 98 of the Act, allows CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The Civil Aviation Safety Regulations 1998 further detail these directives, with regulation 39.001 authorising CASA to issue ADs, which are considered legislative instruments under the Legislative Instruments Act 2003. These ADs serve as a mechanism for CASA to ensure that Australian-registered aircraft meet international safety standards as stipulated by the International Civil Aviation Organization (ICAO). In response to the US Federal Aviation Administration's AD 2007-12-11 for Boeing B747 model aircraft, CASA issued Australian AD/B747/170, Amendment 1, reflecting Australia's commitment to international civil aviation conventions and obligations.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides a comprehensive framework for ensuring the safety of air navigation within Australia. Specifically, under section 98 of the Act, the Governor-General is empowered to make regulations for the safety of air navigation, and regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments, as outlined in section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The ADs are intended to ensure the continuing airworthiness of aircraft registered in Australia and are mandated by Australia's obligations under the Convention on International Civil Aviation, particularly Annex 8, which outlines the responsibilities of the State of Design and the State of Registry for the airworthiness of aircraft. In this context, CASA, as Australia's national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to enforce the required airworthiness measures. The issuance of such directives does not typically require public consultation or a Regulatory Impact Statement, as they are generally based on international standards and obligations.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Importantly, subregulation 39.001(5) designates ADs as disallowable instruments, which means they are legislative instruments subject to scrutiny under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
The obligations imposed by these regulations are significant. The State of Design, which is responsible for the continuing airworthiness of a particular aircraft type, must provide necessary information to ensure safety. This information is typically communicated via ADs. For Australia, the State of Registry must adopt or develop requirements to ensure the continuing airworthiness of aircraft. CASA, acting as Australia’s national airworthiness authority, is tasked with assessing information from the State of Design and, if necessary, issuing corresponding Australian ADs to enforce the required safety measures.
Failure to comply with ADs can lead to severe consequences. Under section 84A(2) of the Civil Aviation Act 1988, non-compliance with ADs can be considered an offence, potentially resulting in civil or criminal penalties. The exact penalties may vary depending on the nature and severity of the violation but can include fines and imprisonment. The seriousness of these penalties underscores the importance of adhering to ADs to ensure the safety and integrity of air navigation within Australian airspace.
It is also noteworthy that this particular AD, issued in response to an AD from the US Federal Aviation Administration (FAA), does not require public consultation or a Regulatory Impact Statement. This decision was made by the Office of Regulatory Review, which determined that such consultation and assessment were not necessary in this context. The AD was issued by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office on behalf of CASA, ensuring that it complies with the statutory requirements outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.