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 2007-26-06 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/B747/369, 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 was enacted to provide a framework for the regulation of civil aviation within Australia, with a primary focus on ensuring the safety of air navigation. It empowers the Governor-General to make regulations for the purposes of the Act, which includes issuing airworthiness directives (ADs) for types of aircraft and aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments and are issued in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Act 1988 delineates the responsibilities of the State of Design and the State of Registry in maintaining the continuing airworthiness of aircraft, with the Civil Aviation Safety Authority (CASA) acting as the national airworthiness authority for Australia. CASA is tasked with assessing ADs issued by States of Design and, when necessary, issuing corresponding Australian ADs to enforce the requirements on aircraft registered in Australia.
Scope and Application
The Civil Aviation (Safety) Regulations 1998, particularly under regulation 39.001, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These directives are a legislative instrument as per the Legislative Instruments Act 2003, and they are designed to maintain the safety of air navigation in accordance with section 98 of the Civil Aviation Act 1988. The application of these directives is governed by the obligations Australia has under Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design responsibility for the continuing airworthiness of an aircraft type. CASA, as Australia’s national airworthiness authority, is mandated to assess ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to ensure compliance with international standards. The geographic reach of these regulations is national, affecting all aircraft registered in Australia, and they extend to mandating the requirements of ADs issued by foreign States of Design. There are no exclusions or exemptions specified within the text, but the ADs are developed in response to international obligations and do not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to enact regulations that ensure the safety of air navigation. These regulations can include the issuance of airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD, defined under subregulation 39.001(5), is considered a disallowable instrument and thus a legislative instrument according to section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. Essentially, ADs are regulatory mandates issued to ensure the continued safety and airworthiness of aircraft.
The obligations under the Act require the State of Design to maintain and provide ongoing airworthiness information for aircraft types, as stipulated in Annex 8 of the Convention on International Civil Aviation. The State of Registry, typically the country where the aircraft is registered, must adopt or develop requirements to ensure the continuing airworthiness of registered aircraft. When a State of Design issues an AD for a type of aircraft registered in Australia, the Civil Aviation Safety Authority (CASA) must evaluate this directive and, if necessary, issue a corresponding Australian AD. This ensures that Australian-registered aircraft comply with international safety standards.
Failure to comply with ADs can lead to serious consequences. Under section 84A(2) of the Civil Aviation Act 1988, breaches of ADs are subject to strict penalties. While the specific penalties are not detailed in the provided text, it is clear that non-compliance can result in severe civil or criminal penalties, including fines and imprisonment. The gravity of these penalties underscores the importance of adhering to ADs to maintain the safety of air navigation.
CASA’s process for issuing ADs, such as AD/B747/369 in response to the United States Federal Aviation Administration’s (FAA) AD 2007-26-06 for Boeing 747 aircraft, is conducted without public consultation due to the international obligations under the Convention on International Civil Aviation. This streamlined process is also deemed not to require a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The AD is issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch of CASA, ensuring that the authority remains vigilant in maintaining the highest safety standards for Australian-registered aircraft.