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 2006-06-10 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/B747/342 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 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. It empowers the Governor-General to make regulations that serve the interests of air navigation safety. The Civil Aviation Safety Regulations 1998 were subsequently introduced to offer detailed provisions for implementing the Act, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to maintain the continuing airworthiness of aircraft and aeronautical products. In line with international obligations under Annex 8 to the Convention on International Civil Aviation, Australia's national airworthiness authority, CASA, issues ADs in response to directives from the State of Design when necessary to ensure compliance with international standards. This approach ensures that Australian aircraft meet global safety requirements and underscores the importance of international cooperation in aviation safety.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower 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 per subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, and fall under the purview of the Acts Interpretation Act 1901. This regulatory framework ensures compliance with international standards set forth in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design retains responsibility for the continuing airworthiness of an aircraft type. CASA, acting as Australia's national airworthiness authority, must review any ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to maintain airworthiness standards. For instance, in response to the United States Federal Aviation Administration's AD 2006-06-10 affecting Boeing 747 aircraft, CASA issued Australian AD/B747/342, reflecting Australia's commitment to international civil aviation safety obligations. This process does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. The ADs are issued under the authority of the Civil Aviation Act 1988, specifically by the Manager, Airframes, in the Manufacturing, Certification and New Technologies Office of CASA, in accordance with the legislative provisions.
Key Provisions
The Civil Aviation Act 1988 provides the framework for the regulation of civil aviation in Australia, and under section 98, the Governor-General has the authority to make regulations in the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 46A of the Acts Interpretation Act 1901 and are subject to disallowance. Subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 clarifies that ADs fall within the category of disallowable instruments, as specified by the Legislative Instruments Act 2003.
The obligations of the Act and the associated regulations focus on ensuring the continuing airworthiness of aircraft. According to Annex 8 to the Convention on International Civil Aviation, the State of Design, which in this context is the country where the aircraft type is designed, bears overall responsibility for ensuring the continuing airworthiness of that aircraft type. This responsibility includes providing necessary information to States of Registry, which are the countries where the aircraft are registered. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. In Australia, CASA, as the national airworthiness authority, is tasked with assessing information from the State of Design and issuing Australian ADs when necessary. This ensures that Australian-registered aircraft comply with safety standards set by the aircraft's State of Design.
Failure to comply with an airworthiness directive can result in severe consequences. Under the Civil Aviation Act 1988, a person who contravenes an AD can be subject to both civil and criminal penalties. Specifically, section 36A of the Act states that a person who contravenes an AD can be liable to a civil penalty of up to 10,000 penalty units or face imprisonment for up to two years. For corporations, the penalties can be significantly higher, with civil penalties reaching up to 50,000 penalty units. Additionally, any person who knowingly contravenes an AD can face criminal charges, leading to further penalties as prescribed by the Act.
In summary, the Civil Aviation Act 1988 and the associated regulations mandate that CASA issue ADs to ensure the continuing airworthiness of aircraft. These directives are issued in accordance with international standards and obligations under the Convention on International Civil Aviation. Non-compliance with these ADs can result in substantial civil and criminal penalties, underscoring the importance of adherence to air safety regulations.