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 2006-18-17 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/B747/299, Amendment 1, which will become effective on 26 October 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 a comprehensive legal framework for the regulation of civil aviation in Australia, addressing gaps in safety, security, and efficiency within the aviation industry. The Act empowers the Governor-General to make regulations for the safety of air navigation, delegating authority to the Civil Aviation Safety Authority (CASA) for the implementation of these regulations. Under section 98 of the Act, CASA issues airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft, which are critical for maintaining safety standards in line with international obligations under the Convention on International Civil Aviation. The ADs are legislative instruments subject to disallowance and oversight, ensuring they are both necessary and appropriate. These directives are essential for fulfilling Australia's responsibilities as a State of Registry, ensuring that aircraft registered in Australia meet continuing airworthiness standards set by their States of Design.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Governor-General to create regulations aimed at ensuring the safety of air navigation. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products, thereby establishing legislative instruments. These ADs, which are designed to maintain the continuing airworthiness of aircraft, are issued in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation. The State of Design holds the primary responsibility for ensuring the ongoing airworthiness of aircraft types, and must provide necessary information to the States of Registry, which in turn are responsible for implementing these requirements domestically. In the case of Australia, CASA, as the national airworthiness authority, assesses ADs issued by the State of Design and may issue corresponding Australian ADs to enforce these requirements on aircraft registered in Australia. For instance, following the issuance of AD 2006-18-17 by the US Federal Aviation Administration (FAA) for Boeing B747 aircraft, CASA issued Australian AD/B747/299, Amendment 1, effective from 26 October 2006. Given that these directives are a response to international obligations and pre-existing ADs, they do not require public consultation or a Regulatory Impact Statement. The AD is issued by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in line with subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Safety Regulations 1998, particularly under 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 formal notifications that establish mandatory requirements to ensure the continuing airworthiness of aircraft. Section 98 of the Civil Aviation Act 1988 underpins this regulatory authority, allowing for the creation of such regulations in the interest of air navigation safety. This regulatory framework ensures that aircraft remain in a condition safe for operation, aligning with international standards set by the International Civil Aviation Organization (ICAO).
The obligations imposed by these regulations are significant for both CASA and the operators of the affected aircraft. CASA, as Australia's national airworthiness authority, is required to assess any relevant ADs issued by the State of Design, which is the country responsible for the aircraft design. If deemed necessary, CASA must issue corresponding Australian ADs that mandate compliance with the safety requirements set forth by the original AD. Aircraft operators, on the other hand, are obligated to comply with these ADs by adhering to the specified maintenance, repair, and operational requirements to ensure the aircraft remain airworthy.
Failure to comply with the requirements set out in an AD can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with ADs may result in both civil and criminal penalties. Civil penalties may include fines up to a significant amount, as determined by the regulatory authority, and in severe cases, aircraft may be grounded until compliance is achieved. Criminal penalties can include imprisonment for individuals found guilty of recklessly or negligently operating an aircraft that does not meet the airworthiness standards prescribed by the ADs. These stringent measures are in place to enforce adherence to safety standards and to mitigate any risks to public safety that may arise from non-compliance.