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 2006-10-02 affecting Boeing 747 aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/B747/347, 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, enacted by the Australian Parliament, is a foundational piece of legislation designed to regulate civil aviation within Australia and to ensure the safety and efficiency of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were established, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning aircraft types and aeronautical products. This regulatory framework was introduced to address the need for standardised safety measures in civil aviation, ensuring that aircraft meet continuing airworthiness standards as set forth by the Convention on International Civil Aviation, commonly known as the Chicago Convention. The policy objective of this legislation is to harmonise airworthiness requirements with international standards, thereby maintaining a high level of safety in Australian airspace and aligning with the global aviation community's practices.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, including the Civil Aviation Safety Regulations 1998, govern the issuance of airworthiness directives (ADs) to ensure the safety of air navigation in Australia. The Act applies to the Governor-General, who has the authority to make regulations under section 98, and to the Civil Aviation Safety Authority (CASA), which issues ADs under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments and are issued in accordance with Annex 8 to the Convention on International Civil Aviation, which delineates the responsibilities of the State of Design and the State of Registry regarding the continuing airworthiness of aircraft. When an AD is issued by the State of Design, CASA must assess the information and, if appropriate, issue an Australian AD to mandate the requirements for aircraft on the Australian Register. The ADs are issued without public consultation due to Australia’s obligations under international conventions and are deemed not to require a Regulatory Impact Statement. The specific AD in question, issued by CASA in response to FAA AD 2006-10-02 for Boeing 747 aircraft, will become effective on 3 August 2006.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, allows the Governor-General to establish regulations for the Act's purposes, focusing on air navigation safety. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and thus is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations under this legislation include the State of Design having overall responsibility for the continuing airworthiness of an aircraft type and providing necessary information to the States of Registry to ensure compliance with airworthiness standards. The State of Registry, which is responsible for the continuing airworthiness of an individual aircraft, must develop or adopt requirements to ensure these standards are met. When the State of Design issues an AD for aircraft on the Australian Register, CASA must assess the AD and, if necessary, issue an Australian AD to enforce the State of Design's requirements.
Failure to comply with the ADs can lead to various consequences. The safety and airworthiness of the aircraft could be compromised, potentially leading to accidents or incidents. Legally, non-compliance with an AD may result in civil or criminal penalties, depending on the severity and intent behind the breach. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the potential penalties for non-compliance, which can include fines and, in severe cases, imprisonment. The specifics of these penalties are detailed within the respective sections of the legislation and are enforced by CASA.
In summary, the ADs issued under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 serve to maintain and ensure the safety and airworthiness of aircraft registered in Australia. They mandate specific requirements and actions that must be adhered to by the relevant parties, and non-compliance can result in significant legal repercussions.