CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 FAA has issued AD 2004-25-05 affecting Boeing 747 model aircraft. USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B747/322, which will become effective on17 March 2005.
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 Acting Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, serves as the primary legislative framework for the regulation of civil aviation in Australia. The Act was introduced to establish a comprehensive regime to ensure the safety, efficiency, and orderly growth of civil aviation. The Act empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998, ensuring compliance with international standards for aircraft safety. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the Act’s purposes, specifically for the safety of air navigation. The policy objective is to align Australia’s aviation safety measures with international obligations, particularly under the Convention on International Civil Aviation. The legislative instruments, such as ADs, are designed to maintain and enhance the continuing airworthiness of aircraft, thereby safeguarding public safety. The Civil Aviation Regulations 1998 provide CASA with the authority to issue these directives in response to safety issues identified by the State of Design or other contracting states.
Scope and Application
The Civil Aviation Act 1988 and its subsidiary regulations, specifically the Civil Aviation Safety Regulations 1998, govern the issuance of airworthiness directives in Australia, which are legislative instruments used to ensure the continuing airworthiness of aircraft registered in Australia. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific kinds of aircraft or aeronautical products, aligning with the responsibilities of the State of Design and State of Registry under Annex 8 to the Convention on International Civil Aviation. The Act and Regulations mandate that CASA, as Australia's national airworthiness authority, must assess and, if necessary, issue Australian airworthiness directives in response to those issued by the relevant State of Design. These directives are not subject to public consultation or a Regulatory Impact Statement, as they are issued under Australia’s obligations under international civil aviation conventions. The authority to issue such directives extends to CASA’s Acting Section Head - Airframes, Airworthiness Standards Branch, Standards Division, in accordance with the Act.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, as they pertain to the issuance of airworthiness directives (ADs), are sections 98 and 39.001 respectively. Section 98 of the Act allows the Governor-General to make regulations for the purposes of the Act, including those that pertain to the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 permits the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that ADs are considered disallowable instruments, and therefore, legislative instruments under section 6 of the Legislative Instruments Act 2003.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose several obligations on CASA and other entities involved in the issuance and compliance with ADs. Firstly, CASA must assess information provided by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This ensures that Australia meets its obligations under the Convention on International Civil Aviation and maintains the safety of air navigation. The State of Registry, which is responsible for the continuing airworthiness of individual aircraft, must also develop or adopt requirements to ensure the continuing airworthiness of aircraft.
Failure to comply with the ADs issued under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to various civil and criminal consequences. The maximum penalties for non-compliance with an AD can include fines of up to $1.1 million for corporations and $220,000 for individuals, as well as imprisonment for up to five years. In addition, CASA may take enforcement actions against aircraft operators or owners who fail to comply with ADs, such as grounding the aircraft or refusing to issue or renew an aircraft's certificate of airworthiness. It is crucial for all parties involved to adhere to the ADs to ensure the safety of air navigation and avoid potential legal repercussions.