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 2007-23-08 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/B747/367, which will become effective on 14 February 2008.
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, 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, enacted to regulate civil aviation in Australia and to ensure safety within the sector, serves as the legislative foundation for the issuance of airworthiness directives. The Act empowers the Governor-General to make regulations for the safety of air navigation. One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for certain types of aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003. The objective of these directives is to ensure the continuing airworthiness of aircraft, aligning with international obligations under the Convention on International Civil Aviation and the responsibilities of the State of Registry for individual aircraft. CASA, as Australia's national airworthiness authority, evaluates international directives and may issue corresponding Australian directives as necessary. This approach ensures compliance with international standards and obligations, as exemplified by CASA's issuance of an Australian airworthiness directive in response to a United States Federal Aviation Administration directive concerning Boeing 747 aircraft.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) within Australia. These regulations apply to aircraft and aeronautical products, ensuring compliance with safety standards mandated by the Civil Aviation Safety Authority (CASA). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue ADs for specific kinds of aircraft or aeronautical products, making them legislative instruments that can be disallowed under the Acts Interpretation Act 1901. The issuance of these directives is aligned with international standards under Annex 8 of the Convention on International Civil Aviation, where the State of Design holds responsibility for the continuing airworthiness of an aircraft type, and the State of Registry ensures that individual aircraft maintain airworthiness. In the case of international directives, such as the one issued by the United States FAA for Boeing 747 model aircraft, CASA assesses and, if necessary, issues corresponding Australian ADs, such as AD/B747/367, which reflects Australia’s commitment to international safety standards without requiring public consultation or a Regulatory Impact Statement.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, particularly as they pertain to the issuance of airworthiness directives (ADs), are found in section 98, which grants the Governor-General the authority to make regulations in the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 provides the Civil Aviation Safety Authority (CASA) with the power to issue ADs for specific types of aircraft or aeronautical products. Under subregulation 39.001(5), these ADs are classified as disallowable instruments, meaning they can be annulled by either House of Parliament, and as legislative instruments, they are subject to the requirements of the Legislative Instruments Act 2003.
These ADs impose specific obligations on both the State of Design and the State of Registry. The State of Design, typically the country where the aircraft is designed, is responsible for ensuring the continuing airworthiness of the aircraft type and must provide any necessary information to the appropriate States of Registry. The State of Registry, which in this case is Australia, is required to develop or adopt requirements to maintain the airworthiness of aircraft registered within its jurisdiction. CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to ensure compliance with the original directive.
Failure to comply with an AD can result in significant legal consequences. The Civil Aviation Act 1988 outlines various offences related to non-compliance with airworthiness requirements. Violations can lead to both civil and criminal penalties, with the severity depending on the nature and extent of the non-compliance. The maximum penalties for serious breaches can include substantial fines and, in some cases, imprisonment. The enforcement of these regulations is critical to maintaining the high safety standards expected in civil aviation.