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 747 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B747/290, Amendment 1, which will become effective on 19 January 2006. 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 was enacted to provide for the regulation of civil aviation in Australia, ensuring safety and efficiency within the industry. The Act empowers the Governor-General to make regulations under section 98, which were subsequently implemented in the Civil Aviation Safety Regulations 1998. One significant aspect of these regulations is the authority granted to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, as stipulated in regulation 39.001. In accordance with the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, these ADs are considered legislative instruments. This legislative framework ensures that Australia adheres to its international obligations under the Convention on International Civil Aviation, specifically Annex 8, which delineates the responsibilities of States of Design and Registry in maintaining the continuing airworthiness of aircraft.
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) for specific kinds of aircraft or aeronautical products. These directives are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and are regulated by the Legislative Instruments Act 2003. The application of these ADs is grounded in Australia's commitments under the Convention on International Civil Aviation, particularly Annex 8, which designates the State of Design as responsible for an aircraft type's continuing airworthiness, requiring it to provide necessary information to States of Registry. In Australia, CASA, acting as the national airworthiness authority, assesses information from the State of Design and, if necessary, issues corresponding Australian ADs. For instance, CASA issued AD/B747/290, Amendment 1, in response to a U.S. Federal Aviation Administration AD affecting Boeing 747 aircraft, illustrating CASA's role in ensuring compliance with international standards and maintaining aviation safety within Australia.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. Section 98 of the Act permits the Governor-General to make regulations in the interests of safety, while regulation 39.001 of the Regulations empowers CASA to issue ADs for specific kinds of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument, making it a legislative instrument under section 6 of the Legislative Instruments Act 2003. This framework supports international obligations under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design responsibility for the continuing airworthiness of an aircraft type, and mandates that the State of Registry must implement or adopt requirements to ensure the continuing airworthiness of individual aircraft.
The obligations and requirements imposed by the Act and Regulations necessitate that CASA, as Australia’s national airworthiness authority, assess information from the State of Design when it issues an AD. If CASA deems it necessary, it must then issue an Australian AD to enforce the requirements of the State of Design. This process ensures that Australia adheres to international standards and maintains the safety of aircraft registered within its jurisdiction. The State of Registry is responsible for ensuring the continuing airworthiness of each aircraft, and CASA’s role is pivotal in translating international directives into enforceable domestic regulations. In the case of the US Federal Aviation Administration (FAA) issuing AD 2005-20-18 for Boeing 747 model aircraft, CASA has assessed the directive and issued the corresponding Australian AD/B747/290, Amendment 1, which will become effective on 19 January 2006.
The Civil Aviation Safety Regulations 1998 and the Legislative Instruments Act 2003 provide for the imposition of penalties and consequences for non-compliance with ADs. Breach of these regulations can result in both civil and criminal penalties, depending on the severity of the violation. Under the Civil Aviation Act 1988, failure to comply with an AD can lead to significant fines, with the maximum penalty potentially reaching up to $222,000 for corporations and $44,400 for individuals, as outlined in section 29 of the Act. Additionally, CASA has the authority to take enforcement actions, such as grounding non-compliant aircraft or imposing operational restrictions, which can severely impact an airline’s operations and reputation. In cases of serious non-compliance, criminal charges may also be pursued, leading to further penalties including imprisonment. The stringent measures underscore the critical importance of adhering to ADs to maintain the highest standards of aviation safety.