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 2006-05-02 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/B747/340, which will become effective on 11 May 2006.
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 regulate the safety of air navigation, providing the legislative foundation for civil aviation in Australia. The Act empowers the Governor-General to create regulations that ensure the safety of air navigation, and these regulations are intended to maintain the highest safety standards in line with international conventions. One significant regulation under this Act is the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives. These directives are legislative instruments that mandate specific actions to maintain the airworthiness of aircraft. The policy objective is to ensure that aircraft remain safe and airworthy, thereby protecting passengers and crew, as well as maintaining Australia's commitment to international civil aviation standards.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, establishes a framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation in Australia. Under this framework, CASA is empowered to issue ADs for specific types of aircraft or aeronautical products to mandate safety requirements, as per regulation 39.001. These ADs, as outlined in subregulation 39.001(5), are considered legislative instruments and subject to disallowance under section 46A of the Acts Interpretation Act 1901. This regulatory approach is consistent with the responsibilities of States of Design and States of Registry under Annex 8 to the Convention on International Civil Aviation, which necessitates the dissemination of continuing airworthiness information through ADs. In the case of the Boeing B747 model aircraft, CASA has issued Australian AD/B747/340 in response to an AD issued by the US Federal Aviation Administration, reflecting Australia's obligations under the Convention and ensuring that the continuing airworthiness of aircraft registered in Australia aligns with international standards. The process does not involve public consultation or require a Regulatory Impact Statement, as these ADs are issued in response to international obligations and do not necessitate broad regulatory review.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. This includes the ability to issue airworthiness directives (ADs), as specified in regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD is a legislative instrument, as it is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is regulated by section 6 of the Legislative Instruments Act 2003. These directives are issued to ensure the continuing airworthiness of specific types of aircraft or aeronautical products. For example, the Civil Aviation Safety Regulations 1998 (subregulation 39.001(5)) allow for the issuance of ADs when necessary.
The obligations placed on the parties under this legislation are significant and multifaceted. The State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type, as outlined in Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing necessary information to ensure the continuing airworthiness of the aircraft type to appropriate States of Registry. The State of Registry, which is responsible for the individual aircraft, must also develop or adopt requirements to ensure the continuing airworthiness of aircraft. In Australia, the Civil Aviation Safety Authority (CASA) acts as the national airworthiness authority and must assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs. For instance, in the case of AD 2006-05-02 affecting Boeing B747 model aircraft, CASA issued Australian AD/B747/340 after assessing the US Federal Aviation Administration's (FAA) directive.
There are specific consequences outlined for breaches of the ADs under the Civil Aviation Act 1988. Non-compliance with ADs can result in serious civil and criminal penalties. For example, section 43 of the Act imposes fines up to $50,000 for individuals and $250,000 for corporations for each breach of an AD. Additionally, section 44 outlines that wilful failure to comply with an AD can result in imprisonment for up to five years. These penalties underscore the importance of adhering to ADs to maintain the safety standards required by the legislation.