CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 2005-10-21 affecting Boeing 747 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B747/35, Amendment 1, which will become effective on 4 August 2005. This AD cancels and replaces the previous issue.
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 Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, was designed to regulate civil aviation in Australia with the primary objective of ensuring the safety of air navigation. This Act provides the legal framework for the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft and aeronautical products. These ADs, as legislative instruments, play a critical role in maintaining the continuing airworthiness of aircraft in compliance with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Act 1988 aims to harmonise Australia's aviation safety regulations with global standards, thereby protecting the safety of air navigation and the public.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Pursuant to these regulations, the Civil Aviation Safety Authority (CASA) can issue ADs for specific kinds of aircraft or aeronautical products to ensure the continuing airworthiness of aircraft registered in Australia. The ADs are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. Under the Convention on International Civil Aviation, the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry, which includes Australia. CASA, as Australia's national airworthiness authority, must assess this information and issue an Australian AD if appropriate. This AD, in this instance AD/B747/35, Amendment 1, pertains to Boeing 747 model aircraft and responds to an AD issued by the US Federal Aviation Administration, the State of Design for this type. This process is mandated by international obligations and does not require public consultation or a Regulatory Impact Statement. The AD is issued under the authority of CASA, specifically by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, in accordance with the Civil Aviation Act 1988.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for the issuance and implementation of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These directives are considered legislative instruments, as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
Under these provisions, the State of Design for a particular type of aircraft holds the primary responsibility for ensuring the aircraft's continuing airworthiness, and must provide necessary information to the State of Registry. The State of Registry, in this case CASA, is then responsible for assessing the information provided by the State of Design and, if appropriate, issuing an AD to ensure compliance with the continuing airworthiness requirements. For instance, the United States Federal Aviation Administration (FAA) has issued AD 2005-10-21 for Boeing 747 model aircraft, which CASA has assessed and subsequently issued as Australian AD/B747/35, Amendment 1.
The obligations imposed by these provisions require CASA, as the national airworthiness authority, to closely monitor and respond to ADs issued by the State of Design. CASA must assess the information provided by the State of Design, and if necessary, issue an Australian AD to mandate the requirements of the State of Design for aircraft on the Australian Register. This ensures that all aircraft operating in Australia comply with the necessary safety standards, as established by the State of Design.
Failure to comply with an AD may result in civil and criminal consequences. Under section 84A(4) of the Civil Aviation Act 1988, any person who contravenes an AD may be liable to a civil penalty. The maximum penalty for an individual is $21,600, while the maximum penalty for a body corporate is $216,000. Additionally, an AD may also result in criminal sanctions. Under section 84A(2) of the Act, any person who contravenes an AD may be guilty of an offence and, upon conviction, liable to imprisonment for a term of up to five years, a fine of up to $216,000 for an individual, or a fine of up to $1,080,000 for a body corporate. These penalties are in place to ensure compliance with ADs and to uphold the highest standards of aviation safety.