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 2009-10-12 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/B747/334, Amendment 1, which will become effective on 2 July 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, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, establishes the legislative framework for civil aviation safety in Australia. It empowers the Governor-General to make regulations under section 98, which aim to enhance the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft or aeronautical products. This authority is exercised to ensure that Australian civil aviation standards align with international safety requirements and to address any identified safety issues. The policy objective of these regulations is to maintain and improve the safety of air navigation by ensuring that aircraft are maintained in a safe and airworthy condition, in accordance with international conventions and Australian obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia. According to section 98 of the Act, the Governor-General is empowered to make regulations for the safety of air navigation, and under regulation 39.001 of the Regulations, the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments and legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, respectively. The ADs are essential for ensuring the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation, with the State of Design having primary responsibility and the State of Registry ensuring compliance within its jurisdiction. CASA, as Australia's national airworthiness authority, evaluates and, if necessary, issues Australian ADs in response to directives from the relevant State of Design, such as the recent AD/B747/334, Amendment 1 for Boeing B747 model aircraft issued on 2 July 2009. The process of issuing these ADs does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, in section 98, provides the authority for the Governor-General to create regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments, as outlined in section 6 of the Legislative Instruments Act 2003, and are disallowable instruments under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA and other entities are primarily focused on ensuring the continuing airworthiness of aircraft. The State of Design, which in this case is the USA for Boeing B747 model aircraft, has the responsibility to provide necessary information to ensure airworthiness, as per Annex 8 to the Convention on International Civil Aviation. The State of Registry, here being Australia, must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft registered within its territory. CASA, as Australia’s national airworthiness authority, is tasked with assessing ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs to enforce these requirements.
Failure to comply with the provisions of the ADs can lead to severe consequences. Under the Civil Aviation Act 1988, any person who contravenes an AD is liable to a penalty. The penalties for such offences can be significant, depending on the severity of the breach. For example, civil penalties can include fines up to a specified amount, while criminal penalties can include imprisonment. The exact penalties are detailed in the relevant sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, reflecting the importance of adhering to airworthiness directives to maintain safety standards in civil aviation.