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/B747/260. 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 for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. Under section 98 of the Act, the Governor-General has the authority to make regulations, which were subsequently detailed in the Civil Aviation Safety Regulations 1998. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various types of aircraft or aeronautical products, as outlined in regulation 39.001. An AD is considered a legislative instrument, as specified under the Legislative Instruments Act 2003. The objective of these regulations is to maintain and ensure the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO), thereby aligning with Australia’s obligations under the Convention on International Civil Aviation. The ADs facilitate the communication of necessary safety information between the State of Design and the States of Registry, ensuring that aircraft operating in Australia meet the required safety standards.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, establishes a regulatory framework that governs the issuance of airworthiness directives (ADs) for aircraft and aeronautical products within Australia. Under section 98 of the Act, the Governor-General is empowered to create regulations to enhance the safety of air navigation, with regulation 39.001 specifically allowing the Civil Aviation Safety Authority (CASA) to issue ADs for particular kinds of aircraft or aeronautical products. This regulatory power extends to ensuring that Australia meets its international obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft types. ADs are legislative instruments subject to disallowance and are typically issued in response to safety concerns identified by the State of Design, with CASA then assessing and implementing these directives as necessary to maintain safety standards. Geographic reach for these regulations is national, with the authority of CASA extending across Australia to enforce airworthiness standards. ADs are not subject to public consultation or Regulatory Impact Statements, reflecting their specific focus on safety rather than broader policy considerations.
Key Provisions
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives are designed to ensure the continuing airworthiness of the aircraft and are considered legislative instruments, as outlined in subregulation 39.001(5) and the Legislative Instruments Act 2003. Each AD serves as a formal mandate issued by the State of Design, with CASA responsible for assessing and, if necessary, issuing Australian ADs to comply with international standards. For instance, CASA has assessed the United States Federal Aviation Administration's (FAA) AD 2006-05-06 for Boeing 747 aircraft and subsequently cancelled the Australian AD, AD/B747/260, effective from 8 June 2006.
The obligations imposed on parties by these regulations are stringent and focused on ensuring safety and compliance. The State of Design, such as the United States in this case, is responsible for issuing ADs to maintain the airworthiness of aircraft types. CASA, as the national airworthiness authority, must assess these ADs and determine if Australian ADs need to be issued or modified accordingly. In the case of the Boeing 747, CASA determined that the FAA's AD rendered the previous Australian AD redundant and thus issued a cancellation notice. The State of Registry, which in this context is Australia, must ensure that all aircraft registered within its territory comply with the issued ADs.
Violation of the provisions within the Civil Aviation Safety Regulations 1998 can lead to significant penalties. The severity of the consequences depends on the nature and extent of the non-compliance. For example, failure to adhere to ADs can result in serious safety risks, potentially leading to criminal charges. CASA has the authority to enforce these regulations and can impose fines or other penalties for non-compliance. The maximum penalties for such offences are not specified in this particular excerpt but generally can include substantial fines and potential imprisonment for individuals responsible for ensuring compliance within their organisation.