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 United States FAA has issued AD 2006-05-09 affecting Boeing 747 aircraft. The United States is the State of Design for this aircraft type. CASA has assessed this AD and has issued Australian AD/B747/341 which will become effective on 8 June 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, enacted to provide a framework for the regulation of civil aviation in Australia, empowers the Governor-General to make regulations that ensure the safety of air navigation. Complementing this Act, the Civil Aviation Safety Regulations 1998 grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs, which are legislative instruments, are integral to maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. In response to an AD issued by the United States Federal Aviation Administration (FAA) concerning Boeing 747 aircraft, CASA has issued an Australian AD, reflecting its obligations under the Convention and ensuring alignment with international safety standards.
The issuance of ADs, such as the one for Boeing 747 aircraft, underscores CASA's role in upholding air safety by adopting and enforcing airworthiness requirements from the State of Design. As CASA is Australia’s national airworthiness authority, it is responsible for assessing foreign ADs and implementing corresponding directives when necessary. The process of issuing such ADs is governed by the authority of CASA, ensuring that these directives are issued in accordance with the legislative framework provided by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance and are designed to ensure the continuing airworthiness of aircraft registered in Australia. The ADs are issued in response to obligations under the Convention on International Civil Aviation and are based on directives from the aircraft's State of Design, which in the case of Boeing 744 aircraft, is the United States. CASA, as Australia's national airworthiness authority, evaluates these international directives and issues corresponding Australian ADs, such as AD/B747/341, which become effective on specified dates. Notably, these ADs are not subject to public consultation or a Regulatory Impact Statement, as they are driven by international obligations and directly address identified safety concerns. This process ensures that Australian-registered aircraft meet the necessary safety standards as determined by the relevant State of Design and enforced by CASA.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products (ss. 98 and 39.001). Under subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and thus fall under the purview of the Legislative Instruments Act 2003, thereby establishing their status as legislative instruments. According to Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type, and it must provide necessary information to ensure this airworthiness to the States of Registry. The State of Registry, on the other hand, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft registered within its jurisdiction.
When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design. For instance, the United States Federal Aviation Administration (FAA) issued AD 2006-05-09 for Boeing 747 aircraft, as the United States is the State of Design for this aircraft type. CASA has assessed this AD and issued Australian AD/B747/341, which will take effect on 8 June 2006. Because this AD is issued in response to an AD from the relevant State of Design and due to Australia’s obligations under the Convention on International Civil Aviation, 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 was 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. These provisions and procedures underscore the regulatory framework within which CASA operates to ensure the safety and airworthiness of aircraft in Australia. CASA is obligated to assess and potentially issue Australian ADs in response to foreign ADs to maintain the safety standards required under international conventions. Failure to comply with these directives can result in serious safety risks, potentially leading to aircraft being grounded or banned from operation until the required actions are taken.
Offences and breaches of these ADs can lead to significant civil and criminal consequences. Under the Civil Aviation Act 1988, failure to comply with an AD can be an offence, and individuals or entities found in breach may face penalties. The maximum penalties for contravening these regulations can include fines and imprisonment. Specifically, section 365 of the Act outlines that a person who contravenes a direction under a regulation can be fined up to a significant amount, depending on the nature and severity of the breach, and in the most serious cases, imprisonment may also be imposed. These penalties underscore the importance of compliance with airworthiness directives to ensure the safety of air navigation.