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 2006-12-06 affecting Boeing model 737, 747 and 767 series aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/B737/288, AD/B747/346, and AD/B767/224, which will become effective on 3 August 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, New Technologies and Systems, 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 civil aviation in Australia, with the overarching goal of ensuring the safety and efficiency of air navigation. Under this Act, the Governor-General has the authority to make regulations that promote the safety of air navigation, which includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The Civil Aviation Safety Regulations 1998 further empower CASA to issue ADs for specific types of aircraft or aeronautical products. These directives serve as a critical mechanism for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The policy objective is to ensure that Australian aircraft meet the highest safety standards, in compliance with international obligations and best practices. The ADs issued by CASA are informed by the directives of the aircraft's State of Design and are designed to mandate specific safety requirements, thereby safeguarding public safety and maintaining the integrity of Australia's aviation safety framework.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, issued under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are integral to ensuring the continuing airworthiness of aircraft registered in Australia, in compliance with international standards set forth by the Convention on International Civil Aviation, particularly Annex 8. The regulations mandate that the State of Design, which is the country where the aircraft is designed, bears responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. Conversely, the State of Registry, such as Australia, must ensure the aircraft's ongoing airworthiness through the development or adoption of appropriate requirements. In practice, when the United States Federal Aviation Administration issues an AD affecting Boeing 737, 747, and 767 series aircraft, CASA must assess this information and, if necessary, issue corresponding Australian ADs. This process underscores the international collaborative approach to aviation safety, with no requirement for public consultation or a Regulatory Impact Statement for these directives. The ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and oversight by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the purposes of the Act, specifically for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. Subregulation 39.001(5) further specifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901, and thus a legislative instrument under the Legislative Instruments Act 2003.
The obligations imposed by this Act and regulations on the parties involved are significant. The State of Design, which in this case is the United States for Boeing 737, 747, and 767 series aircraft, has the responsibility to ensure the continuing airworthiness of an aircraft type and must provide any necessary information to the State of Registry. The State of Registry, in this case, Australia, is required to develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its territory. When an AD is issued by the State of Design, CASA must assess this information and, if deemed necessary, issue an Australian AD to enforce the State of Design’s requirements. This ensures that Australian registered aircraft comply with international safety standards.
Failure to comply with the requirements of an AD can result in serious consequences. The Act and regulations impose both civil and criminal penalties for breaches. Civil penalties may include fines, while criminal penalties may include imprisonment, reflecting the seriousness of non-compliance with airworthiness directives. The exact penalties are not specified in the text, but the potential for severe consequences underscores the importance of adhering to these safety measures. The AD in question, issued by CASA in response to the United States Federal Aviation Administration’s AD 2006-12-06, will become effective on 3 August 2006, and compliance is mandatory for all relevant aircraft operators in Australia.