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 2006-13-09 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/B747/350, 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, 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 regulatory framework for civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation and to harmonise Australian aviation regulations with international standards. Under this Act, the Governor-General has the authority to make regulations, including the issuance of airworthiness directives, which are critical for maintaining the safety standards of aircraft and aeronautical products. The Civil Aviation Safety Regulations 1998 further detail the procedures for issuing such directives, ensuring that they align with international obligations under the Convention on International Civil Aviation. The Act empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives based on assessments of continuing airworthiness information provided by the State of Design or in response to directives from other contracting states. The policy objective is to maintain the highest safety standards in the Australian aviation industry, ensuring compliance with international protocols and safeguarding the public from aviation-related risks.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure safety in air navigation. These ADs are legislative instruments, as per the Legislative Instruments Act 2003, and are critical in maintaining the continuing airworthiness of aircraft as mandated by the Convention on International Civil Aviation. The State of Design, in this case, the United States, holds the primary responsibility for ensuring the airworthiness of aircraft types, and must provide necessary information to States of Registry, including Australia. CASA, as Australia’s national airworthiness authority, is obligated to evaluate and, if necessary, issue Australian ADs that reflect the requirements set by the State of Design. For example, in response to the US Federal Aviation Administration's AD 2006-13-09 concerning Boeing B747 aircraft, CASA issued Australian AD/B747/350, which will become effective on 3 August 2006. These ADs are issued under Australia’s international obligations and do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001. An AD is considered a legislative instrument under the Legislative Instruments Act 2003, as it is a disallowable instrument as per section 46A of the Acts Interpretation Act 1901. The State of Design, which is the country where an aircraft type is designed, is responsible for ensuring the continuing airworthiness of that type, and must provide necessary information to the States of Registry. The State of Registry, where an individual aircraft is registered, must develop or adopt requirements to maintain the continuing airworthiness of aircraft. When the State of Design issues an AD for an aircraft type on the Australian Register, CASA must evaluate this information and, if appropriate, issue an Australian AD to enforce the State of Design's requirements.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to assess foreign ADs, such as the US Federal Aviation Administration’s AD 2006-13-09 for Boeing B747 model aircraft. The US, as the State of Design, issues this AD, and CASA, acting as Australia's national airworthiness authority, must assess and, if necessary, issue an Australian AD. This ensures compliance with Australia's obligations under the Convention on International Civil Aviation and maintains the safety standards required for aircraft operating within Australian airspace. Additionally, CASA must ensure that these ADs are issued in accordance with the relevant sections of the Act, such as subsection 84A(2), and by authorised personnel, like the Manager, Airframes in the Manufacturing, Certification and New Technologies Office.
Failure to comply with an AD can lead to significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD may result in civil or criminal penalties. The maximum penalties for contravening an AD can include substantial fines and potential imprisonment, depending on the severity of the breach and the specific provisions of the Act. CASA enforces these regulations rigorously to ensure the highest safety standards are met, thereby protecting the public and maintaining the integrity of the aviation industry. The seriousness of these consequences underscores the importance of adhering to the ADs issued under the authority of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.