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 2005-17-09 affecting Boeing 747 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B747/241, Amendment 1, which will become effective on 27 October 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 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, provides the legislative framework for civil aviation safety in Australia. One of the key gaps this Act was introduced to address is the need for a robust system to ensure the continuing airworthiness of aircraft, which is critical for the safety of air navigation. In line with international standards, particularly those set by the International Civil Aviation Organization (ICAO), the Act empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that mandate safety measures for aircraft and aeronautical products. This was further detailed in the Civil Aviation Safety Regulations 1998, where regulation 39.001 enables CASA to issue these directives. The policy objective underpinning this legislative framework is to ensure that all aircraft registered in Australia meet international safety standards, thereby safeguarding public safety and maintaining the integrity of the nation’s aviation system. The process for issuing ADs, including those responding to directives from the aircraft's State of Design, is designed to align with international obligations and ensure that Australian aviation safety measures are both effective and globally consistent.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning particular types of aircraft or aeronautical products. These ADs serve as legislative instruments under the Legislative Instruments Act 2003 and are mandated to ensure the continuing airworthiness of aircraft in accordance with Annex 8 to the Convention on International Civil Aviation. The State of Design, such as the USA for Boeing 747 aircraft, has the primary responsibility for issuing ADs for aircraft types, and the State of Registry, in this case, CASA, is required to evaluate these directives and issue corresponding Australian ADs if necessary. This process is integral to fulfilling Australia’s international obligations and ensuring safety standards are consistently upheld. Notably, these ADs are not subject to public consultation or a Regulatory Impact Statement, reflecting their technical nature and the international regulatory framework governing civil aviation.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework for issuing airworthiness directives (ADs) under section 98 of the Act (subsection 98(1)). These directives are a key tool for ensuring the safety and airworthiness of aircraft, as stipulated in regulation 39.001 of the Regulations. An AD is a legislative instrument that the Civil Aviation Safety Authority (CASA) can issue for specific types of aircraft or aeronautical products to address identified safety concerns. These directives are crucial for maintaining the continuing airworthiness of aircraft as outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design is responsible for providing necessary information to the States of Registry, including Australia.
The obligations imposed on parties under these provisions include CASA's responsibility to assess and, if necessary, issue Australian ADs when a State of Design issues an AD affecting aircraft registered in Australia. This ensures that the requirements of the State of Design are appropriately mandated in Australia. For instance, when the US Federal Aviation Administration (FAA) issued AD 2005-17-09 affecting Boeing 747 model aircraft, CASA assessed this directive and subsequently issued Australian AD/B747/241, Amendment 1, which became effective on 27 October 2005. This action ensures compliance with international standards and the safety requirements set by the State of Design.
There are no specific obligations for consultation with the Australian public regarding the issuance of ADs because these directives are a response to international safety standards and obligations under the Convention on International Civil Aviation. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, further streamlining the process. 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. Any breaches or non-compliance with the provisions of these ADs can lead to serious safety risks and may result in enforcement actions by CASA, including potential fines and other penalties. The exact nature and severity of these penalties are not specified in the provided text, but they are likely to be significant given the critical importance of airworthiness and safety in aviation.