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, the Civil Aviation Safety Authority (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.
In 2005 CASA issued AD/B747/322 specifying inspection of Boeing 747 aeroplanes. AD/B747/322 matched AD 2004-25-05 which was issued for the Boeing 747 in the USA, the State of Design of the Boeing 747. AD 2004-25-05 has since been superseded by AD 2007-01-15. CASA has reviewed AD 2007-01-15 and has decided to amend AD/B747/322 to match 2007-01-15. The amendment, AD/B747/322 Amendment 1, will become effective on 18 December 2009. 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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, aims to ensure the safety of air navigation and the continuing airworthiness of aircraft. To facilitate the regulation of civil aviation safety, the Governor-General has the authority to make regulations under section 98 of the Act. In this context, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, as stipulated in regulation 39.001. This legislative framework ensures that CASA, as the national airworthiness authority, can mandate safety requirements in alignment with international standards, particularly those set out in Annex 8 to the Convention on International Civil Aviation. This approach underscores the importance of adhering to international obligations and maintaining the safety and airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together facilitate the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation in Australia. These directives apply to specific types of aircraft and aeronautical products, with CASA's authority under regulation 39.001 of the Civil Aviation Safety Regulations 1998 to issue such directives being aligned with the overarching objective of maintaining airworthiness as per Annex 8 to the Convention on International Civil Aviation. Each AD is a legislative instrument, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are designed to mandate continuing airworthiness requirements for aircraft registered in Australia, thereby ensuring compliance with international safety standards set by the State of Design, which, for many aircraft, is often a foreign jurisdiction. Notably, the ADs are issued without the necessity for public consultation due to their alignment with international obligations and are not subject to a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. This regulatory framework underscores CASA’s role as the national airworthiness authority in Australia.
Key Provisions
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, establishes a framework for the issuance of airworthiness directives (ADs) under section 98 and regulation 39.001 respectively. These directives are legislative instruments that pertain to the maintenance of airworthiness standards for aircraft types and aeronautical products. Notably, under subregulation 39.001(5), ADs are regarded as disallowable instruments under section 46A of the Acts Interpretation Act 1901, and are considered legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations under these regulations require the Civil Aviation Safety Authority (CASA) to issue ADs when necessary to ensure the continuing airworthiness of aircraft. Specifically, CASA must assess information provided by the State of Design—the entity responsible for the design of the aircraft—and issue corresponding ADs to enforce these requirements in Australia. This process is mandated by Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design has primary responsibility for the continuing airworthiness of an aircraft type and must share necessary information with the States of Registry.
Failure to comply with the requirements set out in an AD can lead to serious consequences. The Civil Aviation Act 1988 does not explicitly detail offences or penalties for non-compliance with ADs, but it is understood that such non-compliance could result in significant safety risks and potential legal actions. CASA, as the national airworthiness authority, has the power to enforce these directives, and non-compliance could potentially lead to administrative or legal penalties. The exact penalties would depend on the nature and severity of the non-compliance, and could include fines, suspension of airworthiness certificates, or other regulatory actions deemed necessary to ensure compliance and maintain aviation safety standards.