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 2007-07-03 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/B747/356, which will become effective on 7 June 2007.
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, enacted by the Parliament of Australia, serves to regulate civil aviation matters within Australia, with a focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations that support the Act's objectives and contribute to the safety of air navigation. One such regulation is the Civil Aviation Safety Regulations 1998, which under regulation 39.001, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives, which are legislative instruments as per the Legislative Instruments Act 2003, play a crucial role in maintaining the continuing airworthiness of aircraft in line with international standards set by the Convention on International Civil Aviation. The ADs ensure that Australia meets its obligations under international agreements and maintain safety standards consistent with those of other ICAO Contracting States.
Scope and Application
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, with the Civil Aviation Safety Authority (CASA) playing a pivotal role in ensuring the safety of air navigation. Under section 98 of the Act, the Governor-General has the authority to make regulations that serve the interests of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific kinds of aircraft or aeronautical products. These directives, being disallowable instruments, are also legislative instruments as per the Legislative Instruments Act 2003. ADs are integral to maintaining the continuing airworthiness of aircraft types, a responsibility that lies with the State of Design under Annex 8 to the Convention on International Civil Aviation, while the State of Registry is tasked with ensuring the ongoing airworthiness of individual aircraft. In response to an AD issued by a State of Design, CASA assesses the information and, when necessary, issues its own AD to enforce the requirements. This process is exemplified by CASA's issuance of Australian AD/B747/356 in response to the US Federal Aviation Administration’s AD 2007-07-03 for Boeing B747 model aircraft, reflecting Australia’s adherence to international civil aviation conventions. Given the international nature and regulatory context of ADs, they do not require public consultation or a Regulatory Impact Statement, and are made by authorised CASA officials in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General is empowered to make regulations that promote the safety of air navigation, and regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore they qualify as legislative instruments under section 6 of the Legislative Instruments Act 2003.
In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design, which in this case is the United States for Boeing B747 model aircraft, has the responsibility to ensure the continuing airworthiness of an aircraft type and must provide necessary information to the relevant States of Registry. The State of Registry, in this case Australia, is then tasked with ensuring the continuing airworthiness of individual aircraft within its registry. When the State of Design issues an AD, CASA, as the national airworthiness authority, must assess the information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. In this instance, CASA has issued AD/B747/356 in response to the US FAA's AD 2007-07-03, which will become effective on 7 June 2007.
The obligations imposed on the parties under these regulations include the responsibility of the State of Design to provide necessary information to ensure the continuing airworthiness of an aircraft type. The State of Registry, in this case CASA, must assess the information provided by the State of Design and issue an Australian AD if necessary. This ensures that all aircraft registered in Australia meet the required airworthiness standards. CASA must also ensure that the ADs issued are in compliance with the Convention on International Civil Aviation and other relevant regulations.
There are no explicit offences, penalties, or consequences for breach stated in the provided text. However, failure to comply with ADs could potentially lead to severe civil and criminal penalties under the Civil Aviation Act 1988 and other relevant legislation, as non-compliance with airworthiness requirements can result in serious safety risks and legal consequences for both individuals and organisations.