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 2005-20-18 affecting Boeing 747model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and as a result has cancelled Australian AD/B747/259. The cancellation will become effective on 19 January 2006. No replacement AD is required, as the original unsafe condition has been corrected by AD/B747/290 Amendment 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, enacted by the Commonwealth Parliament, is designed to ensure the safety of air navigation and the continuing airworthiness of aircraft. To implement the provisions of this Act, the Civil Aviation Safety Regulations 1998 were introduced, which provide the regulatory framework for issuing airworthiness directives (ADs). These ADs are legislative instruments that mandate the requirements necessary to maintain the airworthiness of aircraft types, in accordance with international standards set by the Convention on International Civil Aviation. The Civil Aviation Safety Authority (CASA), acting as Australia's national airworthiness authority, issues ADs to ensure compliance with these standards, particularly in response to directives issued by the State of Design. The policy objective is to maintain the highest safety standards in civil aviation, in alignment with international obligations and best practices.
Scope and Application
The Civil Aviation Act 1988 applies to the regulation of civil aviation within Australia, with the Civil Aviation Safety Regulations 1998 detailing specific provisions for airworthiness, including the issuance of airworthiness directives (ADs). ADs are legislative instruments made under regulation 39.001 of the Civil Aviation Safety Regulations 1998 and pertain to the maintenance of continuing airworthiness of aircraft types registered in Australia. The Act and the Regulations mandate that the Civil Aviation Safety Authority (CASA) must ensure compliance with international standards set by the International Civil Aviation Organization (ICAO) and the State of Design's requirements. For instance, in response to an AD issued by the United States Federal Aviation Administration (FAA) concerning Boeing 747 aircraft, CASA has the responsibility to assess and, if necessary, issue corresponding ADs for Australian-registered aircraft. This process involves cancelling existing ADs when they are superseded by newer information, as was the case with AD/B747/259, which was cancelled in response to a newer FAA AD, without necessitating public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the regulation of airworthiness in Australia. Section 98 of the Act allows the Governor-General to make regulations for air navigation safety, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs serve as a crucial mechanism for ensuring the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation. Under this Annex, the State of Design, which is the country responsible for designing the aircraft, has the overarching responsibility for maintaining the airworthiness of an aircraft type, including providing necessary information to the States of Registry.
The obligations imposed by the Act and Regulations on CASA and the States of Registry are significant. CASA, as Australia’s national airworthiness authority, must assess any ADs issued by the State of Design and determine if corresponding ADs should be issued in Australia. The State of Registry, which in Australia is CASA, must ensure that each aircraft registered within its jurisdiction remains airworthy. This involves developing or adopting specific requirements to maintain airworthiness and complying with ADs issued by the State of Design. The Act and Regulations ensure that CASA must act swiftly to issue or cancel ADs as necessary to align with international standards and safety requirements.
The consequences of non-compliance with the provisions of the Act and Regulations are serious. Civil Aviation Safety Regulations 1998, under subregulation 39.001(5), state that ADs are disallowable instruments. This means they can be reviewed and potentially disallowed by the Parliament if they are found to be inconsistent with the Act or the Regulations. Additionally, any failure to comply with an AD can result in severe penalties, including fines and potential criminal charges. The maximum penalties for non-compliance can vary, but they are intended to ensure that all parties adhere to the stringent safety standards set forth in the Act and Regulations. Such penalties underscore the importance of adhering to ADs in maintaining the safety and airworthiness of aircraft.