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 2004-07-22 R1 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/B747/34, Amendment 4, which will become effective on 13 March 2008. 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 in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide for the safety of air navigation and the regulation of civil aviation in Australia. This Act empowers the Governor-General to make regulations for the purposes of the Act, ensuring the safety of air navigation, and delegates the authority to issue airworthiness directives (ADs) to the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998 further elaborate on the regulatory framework for ADs, which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are crucial for maintaining the continuing airworthiness of aircraft, as they are mandated by Annex 8 of the Convention on International Civil Aviation, which places the responsibility on the State of Design and the State of Registry. In response to AD 2004-07-22 R1 issued by the US Federal Aviation Administration for Boeing B747 aircraft, CASA has issued AD/B747/34, Amendment 4, effective from 13 March 2008, reflecting Australia's commitment to international aviation safety standards without the need for public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) under regulation 39.001, which applies to all aircraft types registered in Australia. This legislation ensures the continuing airworthiness of aircraft by requiring the Civil Aviation Safety Authority (CASA) to assess and, where necessary, mandate safety measures in response to directives issued by the State of Design, such as the United States Federal Aviation Administration (FAA). These directives, which are legislative instruments under the Legislative Instruments Act 2003, become enforceable in Australia through CASA's issuance of corresponding ADs. For instance, CASA issued AD/B747/34, Amendment 4, to align with FAA's AD 2004-07-22 R1 for Boeing B747 models, effective from 13 March 2008. This process is integral to fulfilling Australia's international obligations under the Convention on International Civil Aviation, specifically Annex 8, which mandates the State of Registry's responsibility for ensuring the continuing airworthiness of aircraft. Notably, ADs do not require public consultation or a Regulatory Impact Statement, as they are issued in response to international safety directives.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, pertain to the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 (subsection 5). These sections clarify that ADs are legislative instruments and are issued to ensure the safety of air navigation. Under section 98 of the Act, the Governor-General is empowered to make regulations in the interests of aviation safety. Regulation 39.001 allows CASA to issue ADs for specific kinds of aircraft or aeronautical products, which serve as continuing airworthiness information. These directives are essential for ensuring that aircraft remain in a safe condition for operation.
The obligations and requirements imposed by the Act on parties and entities include the State of Design's responsibility to provide necessary information to ensure the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction. CASA, as Australia's national airworthiness authority, is tasked with assessing ADs issued by the State of Design and, if appropriate, issuing corresponding Australian ADs. These obligations ensure that Australian aircraft meet international safety standards.
The legislation also outlines the consequences for non-compliance with the ADs. While the Civil Aviation Safety Regulations 1998 do not specify offences or penalties for breaching an AD, non-compliance can result in serious civil and criminal consequences. Non-compliance with ADs may lead to the grounding of an aircraft, which can have significant safety and operational implications. Furthermore, individuals or entities found in breach of ADs may face legal action, including fines or imprisonment, depending on the severity of the violation. The specific penalties are determined by the relevant aviation authorities and may vary based on the nature and impact of the non-compliance.