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 2007-10-09 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/B747/357, which will become effective on 2 August 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 in the country, with a particular emphasis on ensuring the safety of air navigation. This Act empowers the Governor-General to make regulations aimed at maintaining the highest safety standards in air navigation, in alignment with the overarching objectives of the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998, which were formulated under this Act, further delineate the mechanisms for maintaining airworthiness, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). ADs are a critical tool for ensuring that aircraft and aeronautical products continue to meet safety standards, and they are issued by CASA based on assessments of information provided by the aircraft's State of Design or in response to international directives. The objective of these regulations is to harmonise Australia's approach to aircraft safety with international standards, thereby safeguarding the public and promoting efficient international air travel.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft and aeronautical products. These directives are legislative instruments and serve to mandate the requirements necessary to maintain the continuing airworthiness of aircraft, as per the Convention on International Civil Aviation and the responsibilities of the States of Design and Registry. The scope of the Act applies to all aircraft registered in Australia, their operators, manufacturers, and maintenance providers, ensuring compliance with safety standards. The geographic reach of these regulations is national, aligning with Australia's commitments under international aviation agreements. While the ADs are formulated in response to international obligations and do not require public consultation, they are subject to disallowance under the Acts Interpretation Act 1901, and thus, must adhere to the provisions of the Legislative Instruments Act 2003. This regulatory framework ensures that Australian aviation remains in compliance with global safety standards, facilitating safe and efficient air navigation within Australia and beyond.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the framework for issuing airworthiness directives (ADs). Section 98 of the Act empowers the Governor-General to create regulations in the interest of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. Notably, an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and consequently, a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
These ADs are integral to maintaining the continuing airworthiness of aircraft types, as stipulated under Annex 8 to the Convention on International Civil Aviation. The State of Design—in this case, the USA for Boeing B747 model aircraft—bears the responsibility for ensuring the continuing airworthiness of aircraft types and must provide necessary information to the State of Registry. For Australia, CASA is the national airworthiness authority responsible for assessing ADs issued by the State of Design and, when appropriate, issuing corresponding Australian ADs. This ensures compliance with international standards and the safety of air navigation within Australia.
The obligations imposed by these regulations on CASA include the assessment of ADs issued by the State of Design and the subsequent issuance of Australian ADs if deemed necessary. This process underscores CASA's commitment to maintaining the safety and airworthiness of aircraft registered in Australia. Given that these ADs are issued in response to international obligations and not subject to public consultation, CASA ensures that the requirements align with the Convention on International Civil Aviation.
Failure to comply with ADs can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD is an offence, and CASA has the authority to take enforcement actions. This can include issuing penalties, grounding of non-compliant aircraft, or other regulatory measures deemed necessary to ensure safety. The penalties for breaching these regulations can vary but may include substantial fines and, in severe cases, criminal charges against individuals or corporations responsible for non-compliance. The Civil Aviation Safety Regulations 1998 and associated legislative instruments ensure that the stringent requirements for airworthiness are upheld to protect the safety of air navigation.