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 United States FAA issued AD 97-26-07, affecting Boeing 747-400 series aircraft, in 1997. The United States is the State of Design for these types. As a result of a request from industry, CASA has amended the equivalent Australian AD to allow compliance in accordance with later versions of certain Boeing service bulletin. The amended AD, AD/B747/171 Amendment 5, will become effective on 8 June 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, New Technologies and Systems, 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 and ensure the safety of civil aviation within Australia. One significant aspect of this legislation is its delegation of authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments designed to mandate the continuing airworthiness of aircraft and aeronautical products, reflecting the overarching policy objective of maintaining high safety standards in air navigation. The Civil Aviation Act 1988 addresses the need for a robust regulatory framework that aligns with international civil aviation standards, ensuring that Australia's national airworthiness authority can effectively respond to safety issues identified by the aircraft's State of Design. This approach ensures that Australia meets its obligations under the Convention on International Civil Aviation, particularly in the context of ensuring the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, with the aim of ensuring the safety of air navigation. According to section 98 of the Act, the Governor-General is empowered to make regulations in the interests of air safety, and regulation 39.001 specifically authorises the issuance of ADs for certain kinds of aircraft or aeronautical products. These ADs are considered disallowable instruments under the Acts Interpretation Act 1901 and are legislative instruments as per the Legislative Instruments Act 2003. The Act applies to all aircraft registered in Australia, imposing obligations on the State of Registry to ensure their continuing airworthiness by adopting or developing necessary requirements, including those mandated by ADs issued by the State of Design, such as the United States for Boeing 747-400 series aircraft. These directives, which are consistent with Annex 8 of the Convention on International Civil Aviation, do not require public consultation or a Regulatory Impact Statement. Instead, they are issued by the Civil Aviation Safety Authority (CASA) in response to international obligations and design state directives.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, provide that the Civil Aviation Safety Authority (CASA) may issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This authority stems from section 98 of the Civil Aviation Act 1988, which empowers the Governor-General to make regulations to ensure the safety of air navigation. These directives are significant legislative instruments, as stated in subregulation 39.001(5) and further elaborated in section 6 of the Legislative Instruments Act 2003. ADs are issued to ensure the continuing airworthiness of aircraft and are a common practice among International Civil Aviation Organization (ICAO) Contracting States, as per Annex 8 of the Convention on International Civil Aviation.
The obligations imposed by these regulations are significant. CASA, as the national airworthiness authority, must evaluate any AD issued by the State of Design (the country where the aircraft was designed) and, if necessary, issue a corresponding Australian AD to enforce the required safety measures. The State of Registry, which is responsible for the continuing airworthiness of each individual aircraft, must develop or adopt requirements that align with these ADs. This process ensures that aircraft registered in Australia meet international safety standards and comply with local regulations. Furthermore, under Annex 8, the State of Design holds the primary responsibility for the ongoing airworthiness of an aircraft type and must provide necessary information to other States of Registry.
Breaches of the provisions outlined in the Civil Aviation Safety Regulations 1998 can lead to significant legal consequences. While specific penalties are not detailed in the text, violations of airworthiness directives can result in both civil and criminal penalties. Civil penalties may include fines and other monetary sanctions, while criminal penalties can include imprisonment, reflecting the serious nature of non-compliance with aviation safety regulations. The severity of these penalties underscores the importance of adhering to ADs to ensure the safety of air navigation and the protection of public safety.