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 2008-02-14 affecting Boeing 747-400 series aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B747/374, which will become effective on 10 April 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 Acting 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 ensure the safety and efficiency of civil aviation in Australia, empowers the Governor-General to establish regulations under section 98, particularly for air navigation safety. The Act is underpinned by the Civil Aviation Safety Regulations 1998, which, among other provisions, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments as per the Legislative Instruments Act 2003, and they play a crucial role in maintaining the continuing airworthiness of aircraft types as per Annex 8 of the Convention on International Civil Aviation. The Civil Aviation Act facilitates Australia's adherence to international standards by obligating CASA to issue Australian ADs when necessary, ensuring compliance with directives issued by the State of Design and thereby upholding international safety protocols.
The Civil Aviation Safety Regulations 1998 provide CASA with the authority to issue ADs, which are essential for maintaining aircraft safety standards. These regulations ensure that Australia meets its international obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft. The process of issuing ADs, such as the Australian AD/B747/374 for Boeing 747-400 series aircraft, reflects CASA's role in enforcing these standards domestically. The enactment of these regulations and the issuance of ADs are carried out in accordance with the Civil Aviation Act 1988, without the need for public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. They are issued in accordance with Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design's responsibility for the continuing airworthiness of an aircraft type and requires States of Registry to ensure the continuing airworthiness of aircraft within their jurisdiction. When the United States Federal Aviation Administration (FAA) issues an AD, CASA, as Australia's national airworthiness authority, must assess and, if necessary, issue a corresponding Australian AD. For instance, CASA issued AD/B747/374 in response to FAA's AD 2008-02-14 for Boeing 747-400 series aircraft, which became effective on 10 April 2008. Due to the international obligations under the Convention and the nature of ADs, these directives do not require public consultation or a Regulatory Impact Statement. The ADs are made by authorised CASA officials under the authority granted by the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, and particularly section 98, empowers the Governor-General to create regulations intended to enhance the safety of air navigation. These regulations include the ability for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD, as detailed in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is classified as a legislative instrument according to section 6 of the Legislative Instruments Act 2003. ADs serve as the primary mechanism for ensuring the ongoing airworthiness of aircraft types, with the State of Design bearing the primary responsibility for this task as outlined in Annex 8 to the Convention on International Civil Aviation.
In line with Annex 8, the State of Design must provide necessary information to ensure the continuing airworthiness of an aircraft type to the appropriate States of Registry. This requirement means that when a State of Design issues an AD, such as the AD 2008-02-14 issued by the United States Federal Aviation Administration (FAA) for Boeing 747-400 series aircraft, CASA must review and assess this information. If appropriate, CASA will then issue an Australian AD to enforce the requirements of the State of Design. This process ensures that Australian aircraft maintain their airworthiness standards in accordance with international conventions and regulations.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 include the necessity for CASA to act on ADs issued by the State of Design. The State of Registry, in this case, CASA, must ensure that all aircraft registered in Australia comply with the ADs issued by the relevant State of Design. This involves not only the assessment and issuance of Australian ADs but also the communication of these directives to the relevant stakeholders to ensure compliance. This obligation underscores the importance of international cooperation in maintaining aviation safety standards.
Breaching the requirements set forth in an AD can lead to significant consequences. While the specific offences and penalties are not detailed in the provided text, it is clear that failure to comply with an AD can result in serious safety issues. Given the nature of aviation safety regulations, non-compliance could potentially lead to severe civil or criminal penalties. However, the precise nature and extent of these penalties would need to be examined within the full scope of the Civil Aviation Act 1988 and other relevant legislation.