CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 FAA has issued AD 2005-06-11 affecting Boeing Model 747 aircraft. USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B747/224, Amendment 1, which will become effective on 9 June 2005. 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 Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Parliament of Australia, addresses the regulation and safety of civil aviation within Australia. This Act provides the framework for the issuance of airworthiness directives (ADs) to ensure the ongoing safety of aircraft and aeronautical products, a crucial function of the Civil Aviation Safety Authority (CASA). The 1988 Act enables CASA to issue ADs in response to international obligations under the Convention on International Civil Aviation, particularly when the State of Design issues directives that affect aircraft registered in Australia. The policy objective is to ensure that Australian-registered aircraft meet international safety standards, thereby safeguarding air navigation safety.
The Civil Aviation Regulations 1998 further detail the process for issuing ADs, specifying that CASA can mandate requirements for aircraft types or aeronautical products. Under the Legislative Instruments Act 2003, ADs are considered legislative instruments, subject to disallowance by Parliament. In this context, CASA has issued an AD for Boeing Model 747 aircraft, in response to an AD issued by the United States Federal Aviation Administration. The AD, issued without public consultation as per the Office of Regulatory Review's assessment, mandates specific safety measures and will replace previous ADs, effective from 9 June 2005. This legislative action aligns with Australia’s commitment to international aviation safety standards.
Scope and Application
The Civil Aviation Act 1988 and its accompanying Civil Aviation Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, ensuring the safety of air navigation in accordance with national and international standards. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Such directives are legislative instruments subject to disallowance and must comply with the Legislative Instruments Act 2003. The application of these ADs extends to the continuing airworthiness of aircraft registered in Australia, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation. Specifically, the State of Design, such as the United States for Boeing Model 747 aircraft, issues ADs, which CASA then assesses and may mandate for Australian-registered aircraft. This legislative framework does not require public consultation or a Regulatory Impact Statement, as the ADs are issued in response to international obligations and specific safety concerns identified by the relevant State of Design.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation. Specifically, under section 98 of the Act, the Governor-General is empowered to create regulations for air navigation safety, while regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning aircraft types or aeronautical products. These directives are deemed legislative instruments under the Legislative Instruments Act 2003, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation.
In accordance with the regulations, CASA is mandated to ensure the continuing airworthiness of aircraft registered in Australia. When an AD is issued by the State of Design, such as the Federal Aviation Administration (FAA) for Boeing Model 747 aircraft, CASA must evaluate the directive and, if necessary, issue an Australian AD to enforce the requirements set forth by the State of Design. This ensures that Australian-registered aircraft meet the same safety standards as those internationally.
Under these provisions, CASA has issued Australian AD/B747/224, Amendment 1, which is a response to FAA's AD 2005-06-11. This Australian AD will become effective on 9 June 2005, replacing the previous directive. Given the international obligations under the Convention on International Civil Aviation and the nature of the directive, no public consultation was required, and the Office of Regulatory Review has determined that a Regulatory Impact Statement is unnecessary.
Failing to comply with an airworthiness directive can result in severe consequences. The Act stipulates that non-compliance with ADs may lead to significant penalties. Under section 23 of the Civil Aviation Act 1988, individuals or entities found in breach of these directives could face substantial fines. The exact penalties depend on the severity of the non-compliance but can include criminal charges, with potential imprisonment for serious offences. Therefore, adherence to these directives is crucial to maintain the high safety standards required in air navigation.