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 2008-14-08 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/B747/381, which will become effective on 28 August 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, enacted by the Australian Parliament, aims to provide a regulatory framework for civil aviation safety, ensuring the safety of air navigation. Under the Act, the Governor-General has the authority to make regulations, including those necessary for maintaining the airworthiness of aircraft, as specified in section 98. These regulations are instrumental in fulfilling Australia’s commitments under the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 further detail the process by which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as mandated by regulation 39.001. These ADs, which are legislative instruments under the Legislative Instruments Act 2003, are critical for ensuring the continuing airworthiness of aircraft and are issued in response to directives from the State of Design or based on international standards. CASA's role includes assessing foreign ADs, such as the US FAA's AD 2008-14-08 for Boeing B747 model aircraft, and issuing corresponding Australian ADs, such as AD/B747/381, without the need for public consultation due to their international obligations and the technical nature of the directives.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations that promote the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments under the Legislative Instruments Act 2003 and are mandated by Australia’s obligations under Annex 8 of the Convention on International Civil Aviation, which outlines the continuing airworthiness responsibilities of the State of Design and the State of Registry. In this context, CASA acts on behalf of Australia as the national airworthiness authority, ensuring that Australian-registered aircraft meet international safety standards by issuing corresponding ADs when required by the State of Design. For instance, following the issuance of an AD by the US Federal Aviation Administration for Boeing B747 model aircraft, CASA issued AD/B747/381, which is set to become effective on 28 August 2008. Given the international nature of such directives and their alignment with international civil aviation conventions, CASA does not engage in public consultation for these ADs, and they are not subject to a Regulatory Impact Statement. The issuance of these directives is overseen by the Manager, Airframes in the Airworthiness Engineering Branch, in accordance with the Act’s provisions.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations to enhance the safety of air navigation. Within this framework, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they qualify as legislative instruments according to section 6 of the Legislative Instruments Act 2003.
Under these provisions, the State of Design holds primary responsibility for ensuring the continuing airworthiness of an aircraft type, and must supply necessary information to relevant States of Registry to maintain such airworthiness. Airworthiness directives are the principal means by which this information is disseminated, and are issued by most ICAO Contracting States, including Australia. Concurrently, the State of Registry must develop or adopt its own requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When an AD is issued by the State of Design, CASA, as Australia's national airworthiness authority, is obliged to evaluate this information and, if deemed appropriate, issue an Australian AD to enforce the requirements of the State of Design.
For example, the US Federal Aviation Administration (FAA) issued AD 2008-14-08 concerning Boeing B747 model aircraft, with the USA being the State of Design. CASA has assessed this AD and subsequently issued Australian AD/B747/381, effective from 28 August 2008. This action is mandated by Australia's commitments under the Convention on International Civil Aviation, and it has been issued in response to an AD from the relevant State of Design. Consequently, no public consultation on this AD has been conducted. Furthermore, the Office of Best Practice Regulation has concluded that ADs do not require a Regulatory Impact Statement. The AD was promulgated by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in compliance with subsection 84A(2) of the Act.
The Civil Aviation Safety Regulations 1998 impose several obligations on entities and individuals governed by them. Primarily, CASA must assess the airworthiness directives issued by the State of Design and, if necessary, issue corresponding Australian ADs to ensure compliance with international standards. This includes the responsibility to inform and mandate the requirements of such ADs to relevant parties. Additionally, States of Registry are tasked with developing or adopting their own airworthiness requirements, ensuring that all aircraft registered within their jurisdiction meet the necessary safety standards.
Failure to comply with the provisions of the Civil Aviation Safety Regulations 1998 and the associated airworthiness directives can result in significant legal consequences. While the specific offences and penalties are not detailed within the provided text, it is common for breaches of aviation safety regulations to be met with both civil and criminal penalties. These may include fines, imprisonment, or both, depending on the severity of the breach. The exact penalties would be determined by relevant aviation and criminal law statutes and would vary based on the specific nature and impact of the non-compliance.