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 2006-10-04 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/B747/345, which will become effective on 6 July 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 establish a legislative framework for civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. In the context of this Act, the Civil Aviation Safety Regulations 1998 were introduced to further specify safety requirements and procedures, including the issuance of airworthiness directives (ADs). These ADs are legislative instruments under the authority granted by section 98 of the Act, empowering the Governor-General to make regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, which must be assessed and potentially adopted as Australian ADs, especially when they originate from the State of Design. The process aligns with international obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates the State of Design's responsibility for continuing airworthiness and the State of Registry's duty to ensure the airworthiness of individual aircraft.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are crucial for maintaining the safety of air navigation and are issued under the authority of the Civil Aviation Act 1988. Such directives are legislative instruments, subject to disallowance as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are typically issued in response to safety concerns identified by the State of Design, and CASA, as Australia's national airworthiness authority, has the responsibility to assess these directives and, if deemed necessary, issue corresponding Australian ADs to ensure compliance with international safety standards. Notably, the issuance of these directives is governed by Australia's obligations under the Convention on International Civil Aviation, and no public consultation is required as these are directly responsive to international directives.
Key Provisions
The key sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 pertinent to airworthiness directives (ADs) are sections 98 and 39.001, respectively. Section 98 allows the Governor-General to create regulations for air navigation safety, while regulation 39.001 authorises the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Under subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus are legislative instruments as per section 6 of the Legislative Instruments Act 2003. These sections collectively empower CASA to issue ADs to ensure the continuing airworthiness of aircraft in Australia, aligning with international standards and obligations under the Convention on International Civil Aviation.
The obligations imposed by the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 on parties, particularly CASA, are substantial. CASA must assess ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce these requirements. The State of Design, in this case the United States Federal Aviation Administration (FAA), holds the responsibility for continuing airworthiness of an aircraft type, and must provide essential information to the State of Registry. The State of Registry, which in this context is Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. CASA, as Australia’s national airworthiness authority, must ensure that all aircraft comply with the ADs issued in response to those from the State of Design.
Failure to comply with ADs can result in significant legal consequences. Civil and criminal penalties may be imposed for non-compliance with ADs. The specific penalties can vary depending on the severity of the breach and may include fines, imprisonment, or both. Under the Civil Aviation Act 1988, penalties can be enforced against individuals or entities that do not adhere to ADs. The maximum penalties for such offences can be substantial, reflecting the critical nature of airworthiness directives in ensuring the safety of air navigation. The adherence to ADs is not just a regulatory requirement but a legal obligation essential for maintaining the safety standards of civil aviation.