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 2007-26-07 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/B747/372, which will become effective on 13 March 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 was enacted to establish a comprehensive legal framework for civil aviation in Australia, addressing the need for safety regulations, licensing, and oversight mechanisms within the industry. This Act empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. One such regulation is the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which are critical for maintaining the continuing airworthiness of aircraft and aeronautical products. These ADs are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The Civil Aviation Safety Authority (CASA) issues these ADs to comply with Australia's obligations under the Convention on International Civil Aviation and to ensure the safety and standards of aircraft registered in Australia. The process of issuing an AD, such as AD/B747/372 for Boeing B747 model aircraft, involves assessing directives from the State of Design and implementing them in Australia, often without public consultation due to the international nature of these safety mandates.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, which include the provision for issuing airworthiness directives (ADs), apply to all aircraft registered in Australia and any aeronautical products or parts used in these aircraft. This regulation serves to ensure the ongoing safety and airworthiness of these aircraft and products, in line with international standards set by the International Civil Aviation Organization (ICAO). The geographic scope of these regulations is national, as they pertain to the maintenance of airworthiness of aircraft registered within Australia. The regulations extend their reach to the State of Design for the aircraft, which in this case is the United States for the Boeing B747 model, and to the State of Registry, which is Australia. Exemptions or exclusions from these regulations are not specified in the explanatory statement; however, the issuance of ADs is generally targeted at specific types of aircraft or aeronautical products identified as needing safety interventions. The application of these regulations can be extended or detailed through subordinate instruments, which are created to provide additional specificity or to implement international agreements such as the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations that serve the Act's objectives and ensure the safety of air navigation. Pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, legislative instruments as per section 6 of the Legislative Instruments Act 2003.
Entities governed by the Act are required to adhere to the ADs, which are instrumental in maintaining the continuing airworthiness of aircraft types. The State of Design, such as the United States in the case of Boeing B747 model aircraft, holds responsibility for providing necessary information to ensure the aircraft's airworthiness, in accordance with Annex 8 of the Convention on International Civil Aviation. CASA, acting as Australia's national airworthiness authority, evaluates this information and may issue corresponding Australian ADs, ensuring compliance with the State of Design's requirements. For instance, in response to the US FAA's AD 2007-26-07, CASA issued Australian AD/B747/372, effective from 13 March 2008.
Under the Convention on International Civil Aviation, ADs do not necessitate public consultation as they are a direct consequence of international obligations. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The issuance of ADs is conducted by CASA's Manager, Airframes, within the Airworthiness Engineering Branch, in compliance with subsection 84A(2) of the Act.
The Civil Aviation Safety Regulations 1998 include provisions for offences and penalties related to breaches of ADs. Non-compliance with ADs may result in both civil and criminal penalties. Civil penalties may include fines up to a specified maximum amount, depending on the severity and frequency of the breach. Criminal penalties may include imprisonment, with the maximum penalty varying based on the nature of the offence. It is imperative for all parties governed by the Act to adhere to the ADs to avoid these consequences.