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 2007-20-01 affecting Boeing 747 model aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B747/365, which will become effective on 22 November 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to address the need for comprehensive regulation of civil aviation in Australia, ensuring safety and efficiency within the sector. This Act empowers the Governor-General to create regulations that support the Act's objectives, particularly in the realm of air navigation safety. The Civil Aviation Safety Regulations 1998 further detail the mechanisms for maintaining airworthiness through instruments such as airworthiness directives (ADs), which are mandated by the Civil Aviation Safety Authority (CASA) under regulation 39.001. These ADs are legislative instruments that require assessment and possible local adaptation when issued by the State of Design, such as the United States for Boeing 747 models, to ensure compliance with international standards and Australia's obligations under the Convention on International Civil Aviation. The policy objective is to maintain and enhance the safety of air navigation by ensuring all aircraft meet the required airworthiness standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of 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. These directives are legislative instruments that must comply with the requirements set out in section 46A of the Acts Interpretation Act 1901, and are subject to disallowance under the Legislative Instruments Act 2003. ADs serve as a critical mechanism for maintaining the continuing airworthiness of aircraft types, in line with Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the primary responsibility for the airworthiness of an aircraft type and mandates the provision of necessary information to States of Registry. The State of Registry, in turn, must ensure the ongoing airworthiness of individual aircraft by developing or adopting appropriate requirements. In the case of Australian-registered aircraft, CASA, as the national airworthiness authority, must evaluate the information from ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the requisite safety measures. This process is exemplified by CASA's issuance of Australian AD/B747/365 in response to the United States Federal Aviation Administration's AD 2007-20-01 concerning Boeing 747 aircraft, reflecting Australia's commitment to international aviation safety standards. Given the nature and international obligations associated with ADs, they are exempt from public consultation and do not require a Regulatory Impact Statement. The ADs are drafted by authorised CASA personnel in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 and its associated regulations, specifically the Civil Aviation Safety Regulations 1998, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. Section 98 of the Act allows the Governor-General to make regulations in the interests of the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants CASA the authority to issue ADs. Furthermore, subregulation 39.001(5) clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thereby classifying it as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003. This legislative framework is designed to ensure that the continuing airworthiness of aircraft is maintained in line with international standards.
Under the obligations outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA is tasked with the responsibility of issuing ADs when necessary to ensure the safety of air navigation. This includes the assessment of ADs issued by the State of Design, such as the United States Federal Aviation Administration (FAA), and the issuance of corresponding Australian ADs if deemed appropriate. The State of Registry, which in the case of Australia is CASA, must ensure the continuing airworthiness of aircraft registered within its jurisdiction by adopting or developing appropriate requirements. The State of Design, such as the United States for the Boeing 747, has the primary responsibility for the continuing airworthiness of the aircraft type and must provide necessary information to the States of Registry.
Failure to comply with the requirements set out in an AD can lead to significant consequences. While the specific offences and penalties are not detailed in the provided text, it is understood that non-compliance with airworthiness directives can result in civil or criminal penalties under Australian law. The severity of these penalties can vary depending on the nature and extent of the non-compliance, but they may include fines, imprisonment, or both. The regulatory framework is designed to ensure that all parties involved in the operation and maintenance of aircraft adhere strictly to the mandated safety standards.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide CASA with the authority to issue airworthiness directives to ensure the safety of air navigation. These directives are issued in response to ADs from the State of Design and are subject to assessment and potential adaptation by CASA. The obligations placed on CASA and other parties include ensuring the continuing airworthiness of aircraft through adherence to these directives. Breaches of these requirements can result in civil or criminal penalties, reinforcing the importance of compliance with the issued directives.