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 issued AD 2000-17-06 affecting B747 aircraft. The United States is the State of Design for this aircraft type. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/B747/272 Amendment 1. The amended AD will become effective on 23 January 2008. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate the safety and efficiency of civil aviation in Australia, ensuring that it is conducted in a manner that protects the public. Under section 98 of this Act, the Governor-General has the authority to create regulations that serve the interests of safe air navigation. The Civil Aviation Safety Regulations 1998, made pursuant to this Act, include provisions that allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that mandate necessary actions to maintain the continuing airworthiness of aircraft, aligning with international obligations under the Convention on International Civil Aviation. The issuance of such directives ensures that Australia meets its responsibilities under international agreements, thereby maintaining safety standards and facilitating the smooth operation of civil aviation both domestically and internationally.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 collectively establish the legal framework for ensuring the safety of air navigation in Australia, with a particular focus on the issuance of airworthiness directives (ADs). Under these legislative instruments, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are classified as legislative instruments according to section 6 of the Legislative Instruments Act 2003. The ADs serve to mandate compliance with continuing airworthiness requirements, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. In the event that a State of Design, such as the United States for Boeing 747 aircraft, issues an AD, CASA, acting as Australia’s national airworthiness authority, must review this information and, if necessary, issue an equivalent Australian AD to enforce the requirements. This process is driven by Australia’s obligations under international conventions and does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, and in particular section 98, empowers the Governor-General to enact regulations to enhance the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901 and must comply with the Legislative Instruments Act 2003.
Under the Convention on International Civil Aviation, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure the continuing airworthiness of the type to the appropriate States of Registry. The State of Registry is responsible for the continuing airworthiness of individual aircraft and must develop or adopt requirements to ensure this. When the State of Design issues an AD, CASA must assess the information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. This ensures that the ADs are compliant with Australian regulations and the Convention on International Civil Aviation.
The United States Federal Aviation Administration (FAA) issued AD 2000-17-06 affecting Boeing 747 aircraft, which are designed by the United States. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/B747/272 Amendment 1. This amendment will become effective on 23 January 2008. Because this AD is issued in response to an AD raised by the relevant State of Design and is based on Australia's obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD has been made by the Manager, Systems in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Under the Civil Aviation Safety Regulations 1998, parties affected by an AD must comply with the requirements within the specified timeframe. Failure to comply with an AD can result in serious safety issues, including the potential grounding of an aircraft. Section 84A(3) of the Civil Aviation Act 1988 provides that a person who contravenes an AD commits an offence. The maximum penalty for such an offence is 500 penalty units for an individual and 2500 penalty units for a body corporate, as stipulated in section 84A(5) of the Act. Additionally, CASA has the authority to issue infringement notices for breaches of ADs, which can result in fines of up to 200 penalty units for individuals and 1000 penalty units for bodies corporate, as stated in section 84A(4) of the Act. These provisions ensure that ADs are taken seriously and that compliance is enforced to maintain the highest standards of aviation safety.