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 2007-25-17 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/B747/368, which will become effective on 14 January 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, 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, as augmented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that are critical for maintaining the safety of aircraft in Australia. Enacted by the Commonwealth Parliament, the Act aims to ensure the safety of air navigation and the continuing airworthiness of aircraft within Australia, aligning with international standards set by the Convention on International Civil Aviation. The issuance of ADs by CASA, particularly in response to directives from the State of Design, such as the US Federal Aviation Administration, underscores the authority's commitment to fulfilling Australia's international obligations and ensuring the safety of Australian-registered aircraft. This legislative framework allows CASA to mandate specific requirements and actions without the necessity for public consultation, provided it adheres to the stipulations set out in the Civil Aviation Act and the Acts Interpretation Act 1901.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products, thereby ensuring the safety of air navigation in accordance with the Civil Aviation Act 1988. These ADs are legislative instruments that must be assessed and, if deemed necessary, adopted by CASA in response to directives from the State of Design, in this case the United States for Boeing B747 model aircraft. CASA's role includes ensuring that Australian aircraft comply with international standards for airworthiness as stipulated by the Convention on International Civil Aviation. The geographic reach of these regulations is national, affecting all aircraft registered in Australia. However, the specific ADs issued by CASA, such as AD/B747/368, are not subject to public consultation as they arise from international obligations and are a direct response to foreign ADs. The Act and Regulations do not specify any particular exclusions or thresholds for the issuance of ADs, but rather focus on the procedural and jurisdictional responsibilities of CASA in maintaining airworthiness standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish the framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations necessary for the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific types of aircraft or aeronautical products. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and legislative instruments under section 6 of the Legislative Instruments Act 2003.
These ADs are integral to maintaining the continuing airworthiness of aircraft, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, in this case the United States for Boeing B747 model aircraft, has the primary responsibility for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. The State of Registry, in this case Australia, must then develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. CASA, as Australia’s national airworthiness authority, is obligated to assess information from the State of Design and issue corresponding ADs if necessary.
In the specific instance of AD 2007-25-17 issued by the US Federal Aviation Administration (FAA), CASA has assessed the directive and issued Australian AD/B747/368, which will become effective on 14 January 2008. As this AD is issued due to Australia’s obligations under the Convention on International Civil Aviation and in response to an AD raised by the relevant State of Design, no public consultation has taken place. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Failure to comply with an AD can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to civil penalties, including fines and potential prosecution. The severity of the penalty depends on the nature and extent of the non-compliance, but it can include substantial fines for individuals and corporations. Additionally, CASA has the authority to take enforcement actions such as grounding non-compliant aircraft, which can have severe operational and financial repercussions for the operators. Criminal penalties may also apply in cases of wilful non-compliance, with potential imprisonment terms outlined in relevant sections of the Act.