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 has issued AD 2006-05-06 affecting Boeing 747 aircraft. The United States is the State of Design for this aircraft type. CASA has assessed this AD and as a result has cancelled Australian AD, AD/B747/228 Amendment 1. The cancellation will become effective on 8 June 2006. No replacement AD is required, as the requirements of this Directive are now contained in existing AD/B747/296 Amdt 1.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, and because it is cancelled in response to an AD raised by the relevant State of Design, no consultation with the Australian public has taken place on this AD cancellation. 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 was enacted to provide a comprehensive legislative framework for civil aviation in Australia, addressing the need for safety regulations and standards to ensure the safe and efficient operation of aircraft within Australian airspace. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. The Civil Aviation Safety Regulations 1998, which are subsidiary legislation made under the Act, include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs serve as a means to ensure the continuing airworthiness of aircraft and aeronautical products, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The process involves CASA assessing ADs issued by the State of Design and, if necessary, issuing corresponding ADs for aircraft registered in Australia. This regulatory approach ensures compliance with both national and international aviation safety standards.
Scope and Application
The Civil Aviation Act 1988 and associated Civil Aviation Safety Regulations 1998 provide the legislative framework under which airworthiness directives (ADs) are issued in Australia. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular types of aircraft or aeronautical products. These directives are integral to maintaining the continuing airworthiness of aircraft, a responsibility that rests with the State of Registry, in this case, CASA for Australia. The ADs must align with international standards as outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design, such as the United States for Boeing 747 aircraft, holds the primary responsibility for ensuring the airworthiness of an aircraft type. The ADs serve as a critical means of communicating necessary information to the States of Registry, including CASA, to implement appropriate safety measures. The regulatory process ensures that Australia adheres to international obligations while safeguarding domestic air navigation safety.
Key Provisions
The Civil Aviation Safety Regulations 1998, particularly under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Section 98 of the Civil Aviation Act 1988 provides the legislative basis for these regulations, which are crafted with the intent of ensuring the safety of air navigation. An AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and, pursuant to section 6 of the Legislative Instruments Act 2003, it is considered a legislative instrument.
The obligations imposed by these regulations centre around the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type. The State of Design must provide necessary information to maintain the airworthiness of the aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, is tasked with assessing this information and issuing an Australian AD if appropriate, ensuring that the requirements of the State of Design are implemented. This mechanism ensures that aircraft registered in Australia meet international safety standards.
Failure to comply with an AD can result in significant legal consequences. Under the Civil Aviation Act 1988, any person who contravenes an AD commits an offence. The penalties for such an offence can include substantial fines and, in severe cases, imprisonment. Specifically, the Act provides for fines of up to $275,000 for individuals and $1.375 million for bodies corporate, as well as potential imprisonment terms, reflecting the seriousness with which non-compliance is treated.
In the specific case of AD 2006-05-06 issued by the United States Federal Aviation Administration (FAA) for Boeing 747 aircraft, CASA has assessed the directive and decided to cancel the existing Australian AD/B747/228 Amendment 1. This cancellation is effective from 8 June 2006, with no replacement AD required as the necessary requirements are already covered by AD/B747/296 Amendment 1. Given that this cancellation aligns with Australia’s obligations under the Convention on International Civil Aviation, and in response to an AD from the relevant State of Design, no public consultation was necessary. Additionally, the Office of Regulatory Review has concluded that ADs do not require a Regulatory Impact Statement. The AD was 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.