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 2006-10-16 affecting Boeing B747 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B747/294, Amendment 1, which will become effective on 6 July 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 establish a legislative framework governing civil aviation in Australia, ensuring safety and efficiency within the industry. The Act empowers the Governor-General to create regulations under section 98 for the safety of air navigation, with the Civil Aviation Safety Regulations 1998 further detailing these requirements. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. The purpose of ADs is to maintain the continuing airworthiness of aircraft, as mandated by international standards set out in Annex 8 to the Convention on International Civil Aviation. In response to an airworthiness directive issued by the United States Federal Aviation Administration (FAA) concerning Boeing B747 model aircraft, CASA has issued Australian AD/B747/294, Amendment 1, effective from 6 July 2006. Given the international obligations under the Convention on International Civil Aviation and the need to respond to directives from the State of Design, this AD was issued without public consultation and does not require a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority of the Civil Aviation Act 1988, provide for the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. This regulatory framework applies to all aircraft registered in Australia and mandates CASA’s role in assessing and implementing airworthiness directives issued by the State of Design, such as the United States Federal Aviation Administration (FAA) for the Boeing B747 model aircraft. The geographic reach of these regulations is national, as they govern the continuing airworthiness of aircraft within Australia, in accordance with international obligations under the Convention on International Civil Aviation. The specific airworthiness directive AD/B747/294, Amendment 1, issued by CASA, is a legislative instrument and follows the disallowable instrument provisions under the Acts Interpretation Act 1901. This directive, which supersedes previous versions, was issued in response to an AD from the US FAA and is effective from 6 July 2006. The process for issuing such directives does not require public consultation or a Regulatory Impact Statement as determined by the Office of Regulatory Review.
Key Provisions
The primary sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 relevant to the issuance of airworthiness directives (ADs) include sections 98 and 39.001. Under section 98, the Governor-General is empowered to enact regulations aimed at ensuring the safety of air navigation. Section 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) classifies ADs as disallowable instruments under the Acts Interpretation Act 1901 and as legislative instruments under the Legislative Instruments Act 2003.
The obligations imposed by these sections on the parties involved, particularly CASA and the State of Design, are significant. The State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. This is outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in the context of Australia is CASA, must then assess this information and, if deemed appropriate, issue an Australian AD to enforce the State of Design's requirements. For instance, in response to an AD issued by the US Federal Aviation Administration (FAA) regarding Boeing B747 model aircraft, CASA issued Australian AD/B747/294, Amendment 1.
The legislation also delineates the consequences for non-compliance with ADs. Although the specific offences, penalties, or civil and criminal consequences for breaching an AD are not detailed in the provided text, the issuance of ADs and their regulatory nature imply stringent enforcement mechanisms. Given that ADs are legislative instruments, failure to comply with them could potentially result in legal repercussions, including fines or other penalties, as stipulated under the applicable aviation laws. The regulatory framework ensures that all stakeholders adhere to the stringent safety standards mandated by the ADs, thereby maintaining the high safety standards required in the aviation industry.