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 2006-21-05 affecting Boeing 747 series aircraft. The United States is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/B747/359, which will become effective on 30 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 Acting 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 Commonwealth Parliament, serves as the foundational piece of legislation governing civil aviation in Australia. It provides the legal framework for the regulation of aviation safety and related matters, ensuring that the operations within Australian airspace are conducted in a manner that prioritises safety. The 1988 Act empowers the Governor-General to create regulations aimed at maintaining the safety of air navigation. Complementing this, the Civil Aviation Safety Regulations 1998 establish specific protocols, including the issuance of airworthiness directives (ADs) for various types of aircraft and aeronautical products, thereby ensuring that these directives adhere to international standards as outlined in the Convention on International Civil Aviation. The overarching objective of these legislative measures is to uphold the safety and efficiency of civil aviation in Australia while aligning with international obligations.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, particularly under regulation 39.001, establish the framework for the issuance of airworthiness directives (ADs) which are essential for ensuring the ongoing airworthiness of aircraft registered in Australia. These ADs apply to specific kinds of aircraft or aeronautical products and are mandated by the Civil Aviation Safety Authority (CASA), which operates under the Civil Aviation Act 1988. The ADs are legislative instruments and are issued in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation, where the State of Design holds the primary responsibility for the continuing airworthiness of aircraft types, and the State of Registry must ensure compliance with these standards. The ADs are issued by CASA in response to corresponding directives from the relevant State of Design, such as the United States for Boeing 747 series aircraft, and are designed to align with international safety standards. While these regulations are extensive in their application to aircraft and aeronautical products within Australian jurisdiction, they do not require public consultation or a Regulatory Impact Statement as they are based on international obligations and pre-existing directives from the aircraft’s State of Design.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 outline the legislative framework for issuing airworthiness directives (ADs). According to section 98 of the Act, the Governor-General can make regulations for the safety of air navigation, and under regulation 39.001 of the Regulations, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, meaning they require disallowance if not tabled in Parliament within the stipulated period. Under section 6 of the Legislative Instruments Act 2003, ADs are classified as legislative instruments.
Entities governed by these provisions, primarily CASA and aircraft operators, have specific obligations. CASA must assess and, if necessary, issue an Australian AD to align with ADs issued by the State of Design, which is responsible for the continuing airworthiness of the aircraft type. The State of Registry, which in this case is Australia, must ensure the continuing airworthiness of the aircraft on its register by implementing the ADs as required. Aircraft operators must comply with the ADs to maintain the airworthiness of their aircraft, ensuring they meet the safety standards set by CASA.
Breaches of the requirements set forth by ADs can result in significant civil or criminal consequences. While the specific penalties are not detailed in the provided text, non-compliance with ADs can typically result in enforcement actions by CASA, which may include fines, suspension or revocation of airworthiness certificates, and potential legal action. Additionally, severe safety breaches can lead to criminal charges, with penalties varying depending on the severity and impact of the non-compliance. The regulatory framework ensures that ADs are strictly enforced to maintain the highest standards of aviation safety.