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 2008-09-20 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/B747/377, which will become effective on 3 July 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 provide for the regulation of civil aviation within Australia and to ensure the safety of air navigation. In this context, the Act empowers the Governor-General to create regulations that support the overarching goal of aviation safety. The Civil Aviation Safety Regulations 1998 further elaborate on these provisions by granting the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives, which are legislative instruments under the Legislative Instruments Act 2003, are essential for maintaining the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The issuing of these directives is mandated by Australia's obligations under the Convention on International Civil Aviation, ensuring that Australian aviation practices remain consistent with global safety standards.
Scope and Application
The Civil Aviation Act 1988 applies to various entities and individuals involved in the aviation industry, with a primary focus on ensuring the safety of air navigation. Under this Act, the Governor-General is empowered to make regulations to uphold aviation safety, and through regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The scope of the Act extends to mandating compliance with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, where the State of Design has the overarching responsibility for the continuing airworthiness of aircraft types. The State of Registry, in this case CASA for Australia, is tasked with ensuring the continuing airworthiness of individual aircraft within its jurisdiction by issuing Australian ADs when necessary, as demonstrated in the example of the Boeing B747 model aircraft.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further specifies that the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. It is important to note that an AD, as outlined in subregulation 39.001(5), is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore, it is a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
Under these legislative provisions, CASA must undertake several key obligations. CASA is required to assess information related to ADs issued by the State of Design, which is the country responsible for the design of the aircraft in question. Once an AD is issued by a State of Design, CASA must evaluate the information and, if deemed appropriate, issue a corresponding Australian AD to enforce the requirements set forth by the State of Design. This ensures that the continuing airworthiness of aircraft registered in Australia is maintained in accordance with international standards.
In the context of the US Federal Aviation Administration (FAA) issuing AD 2008-09-20 for Boeing B747 model aircraft, CASA has assessed the directive and issued Australian AD/B747/377, which will take effect on 3 July 2008. Given that this AD is issued in response to Australia’s obligations under the Convention on International Civil Aviation and is in direct response to an AD from the relevant State of Design, no consultation with the Australian public was necessary. Additionally, the Office of Best Practice Regulation has determined that such 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.
Breaches of the regulations and ADs under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to significant consequences. Civil penalties may include fines and other monetary sanctions, while criminal penalties can include imprisonment. The specific penalties depend on the nature and severity of the breach. For instance, knowingly contravening an AD can result in a fine of up to $165,000 for individuals or $825,000 for corporations, as stipulated in the regulations. These provisions underscore the importance of compliance with airworthiness directives to ensure the safety of air navigation.