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 2007-21-13 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/B747/366, which will become effective on 20 December 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 Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to ensure the safety and efficiency of civil aviation, empowers the Governor-General to make regulations that serve the interests of air navigation safety. This legislative framework enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, which are legislative instruments, are crucial for maintaining the continuing airworthiness of aircraft, particularly in alignment with international standards set by the International Civil Aviation Organization (ICAO). The ADs serve as a primary means of continuing airworthiness information, mandated by the State of Design and enforced by the State of Registry. In the case of the Boeing B747 model, following the issuance of an AD by the US Federal Aviation Administration (FAA), CASA issued its own AD in response to Australia’s obligations under the Convention on International Civil Aviation, thereby ensuring that Australian registered aircraft meet the required safety standards.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. Under this Act, the Governor-General has the authority to issue regulations, including airworthiness directives, to safeguard air navigation. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue these directives for particular types of aircraft or aeronautical products. This authority is exercised in alignment with the international obligations set by Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design—in this case, the United States for Boeing B747 models—provides necessary information to ensure continuing airworthiness. CASA, as Australia’s national airworthiness authority, is responsible for assessing and, if necessary, issuing Australian airworthiness directives to enforce these requirements. This process ensures that Australian registered aircraft meet international safety standards. The issuance of these directives does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation, and they are made in accordance with the Act by authorised personnel within CASA.
Key Provisions
The Civil Aviation Act 1988, under section 98, allows the Governor-General to create regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. Annex 8 to the Convention on International Civil Aviation mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the airworthiness of an individual aircraft. When CASA issues an Australian AD, it follows the ADs issued by the relevant State of Design, as seen in the case of AD 2007-21-13 affecting Boeing B747 model aircraft, which CASA has assessed and translated into Australian AD/B747/366.
The obligations imposed by this legislation on parties and entities primarily focus on compliance with ADs issued by CASA. For the State of Design, the obligation is to provide necessary information to ensure the continuing airworthiness of an aircraft type. CASA, as the national airworthiness authority, must assess this information and, if appropriate, issue an Australian AD. The State of Registry must then develop or adopt requirements to ensure the continuing airworthiness of aircraft registered in their state. Operators of affected aircraft must comply with the requirements set out in the ADs, which may include maintenance, inspection, or operational procedures. Failure to comply with these requirements can lead to serious safety risks and potential legal consequences.
Under the Civil Aviation Act 1988, non-compliance with ADs can result in various penalties and consequences. The Act provides for both civil and criminal penalties for breaches. For example, section 91 of the Act allows CASA to impose civil penalties on operators who fail to comply with ADs, with the maximum penalty being $30,000 for individuals and significantly higher for corporations. Additionally, section 93 of the Act allows for criminal penalties, including fines and imprisonment, for more severe breaches. The severity of the penalty depends on the nature and extent of the breach, with repeat offenders facing harsher penalties. The Act also provides CASA with the authority to take enforcement actions, including grounding aircraft or suspending the certificate of airworthiness, to ensure compliance with safety standards.