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 2005-19-09 affecting Boeing 747 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B747/336, which will become effective on 24 November 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 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 legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in the sector. In line with this, the Civil Aviation Safety Regulations 1998 were introduced to implement and enforce the provisions of the Act. A specific area of focus within these regulations is the issuance of airworthiness directives (ADs) under regulation 39.001, which empowers the Civil Aviation Safety Authority (CASA) to issue such directives for particular types of aircraft or aeronautical products. This mechanism was established to address the need for continuous airworthiness of aircraft, aligning with international standards as set forth by the Convention on International Civil Aviation, particularly Annex 8. The legislative instruments act as a means for CASA to mandate safety requirements in response to directives issued by the State of Design, thereby fulfilling Australia's international obligations while ensuring the safety of air navigation within the country. The policy objective is to maintain and enhance the safety standards of civil aviation through effective regulation and enforcement of airworthiness directives.
Scope and Application
The Civil Aviation Act 1988, specifically through the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under regulation 39.001, CASA is empowered to issue ADs for particular kinds of aircraft or aeronautical products, making these directives legislative instruments subject to disallowance and review. The ADs serve to ensure the continuing airworthiness of aircraft, aligning with the obligations under the Convention on International Civil Aviation, particularly those set forth in Annex 8, which designates the State of Design as responsible for the airworthiness of aircraft types. CASA, as Australia's national airworthiness authority, is required to assess ADs issued by the State of Design and, where necessary, issue corresponding Australian ADs to comply with international standards and ensure safety in Australian airspace. This process ensures that Australian-registered aircraft meet the necessary safety standards, although the specific ADs may not undergo public consultation due to their international nature and the urgency of addressing safety issues.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, empowers the Governor-General to issue regulations for the safety of air navigation under section 98 (subsection 39.001). The Civil Aviation Safety Regulations 1998 further empower CASA to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, with these directives being classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and as legislative instruments under section 6 of the Legislative Instruments Act 2003 (subsection 39.001(5)). The issuance of ADs is a standard practice among ICAO Contracting States and is a vital mechanism for ensuring the continuing airworthiness of aircraft types, as mandated by Annex 8 to the Convention on International Civil Aviation.
The obligations under this Act and the regulations primarily rest on CASA as Australia’s national airworthiness authority. CASA is tasked with assessing information provided by the State of Design, which holds overall responsibility for the continuing airworthiness of an aircraft type. When a State of Design issues an AD, CASA must evaluate this information and, if necessary, issue a corresponding Australian AD to mandate the requirements set by the State of Design. For instance, following the issuance of AD 2005-19-09 by the US FAA for Boeing 747 model aircraft, CASA assessed the directive and issued Australian AD/B747/336, which became effective on 24 November 2005. This process is driven by Australia’s obligations under the Convention on International Civil Aviation, and no public consultation was required as this is a direct response to an AD issued by the relevant State of Design.
In terms of offences and penalties, while the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not specify explicit maximum penalties for breaching ADs, non-compliance with ADs can lead to severe civil and criminal consequences. Civil penalties may include fines and enforcement actions, while criminal penalties could include imprisonment, reflecting the critical importance of adhering to airworthiness directives to ensure aviation safety. The seriousness of these consequences underscores the necessity for strict compliance with ADs by all relevant parties, including aircraft operators and maintenance providers.