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 United States FAA has issued AD 2005-04-01 affecting Boeing 747 model aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/B747/327, which will become effective on 12 May 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 Section Head - Systems, 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 Australian Parliament, serves as the foundational legislation for civil aviation safety in Australia, with the overarching aim of ensuring the safety of air navigation. One of its key provisions allows the Governor-General to create regulations that serve the interests of aviation safety, as seen in the Civil Aviation Safety Regulations 1998. These regulations empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products, thereby fulfilling Australia's commitment to international aviation safety standards, particularly under Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Regulations 1998 explicitly outline the authority and processes for CASA to issue ADs, which are considered legislative instruments, thereby maintaining the continuing airworthiness of aircraft registered in Australia and aligning with international practices.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) under regulation 39.001. These directives apply to specific types of aircraft or aeronautical products and are made in the interest of ensuring the safety of air navigation. An AD is considered a legislative instrument under the Legislative Instruments Act 2003, and is subject to disallowance under the Acts Interpretation Act 1901. These directives are essential for the continuing airworthiness of aircraft, with the State of Design bearing the overall responsibility for the airworthiness of an aircraft type, and the State of Registry responsible for the airworthiness of individual aircraft. When an AD is issued by a State of Design, CASA must assess and, if appropriate, issue an Australian AD to enforce the requirements. The issuance of ADs is aligned with Australia's obligations under the Convention on International Civil Aviation, and as such, public consultation is not required. The Office of Regulatory Review has determined that these directives do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, through section 98, allows the Governor-General to make regulations that are in the interest of the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Section 39.001(5) of these regulations further specifies that an AD is a disallowable instrument as defined in section 46A of the Acts Interpretation Act 1901, making it a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions require CASA, as Australia's national airworthiness authority, to ensure the continuing airworthiness of aircraft on the Australian Register. When an AD is issued by the State of Design, such as the United States for Boeing 747 model aircraft, CASA must assess the information provided and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This is in line with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design has overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to appropriate States of Registry.
There are no specific offences, penalties, or civil/criminal consequences mentioned for the breach of these airworthiness directives in the provided text. However, given the legislative nature of ADs, non-compliance could potentially lead to safety violations, which may result in enforcement actions by CASA, including grounding of the aircraft, fines, or other regulatory penalties. These potential consequences are not detailed in the provided excerpt but are generally part of the regulatory framework that governs civil aviation safety.