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 2008-17-17 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/B747/382, which will become effective on 2 October 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 Parliament of Australia, was introduced to regulate and ensure the safety of civil aviation within Australia, aligning with international standards. Under this Act, the Civil Aviation Safety Regulations 1998 were established to further detail the safety requirements for air navigation. Specifically, regulation 39.001 of these regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure compliance with safety standards. The ADs are legislative instruments that mandate certain actions to maintain the airworthiness of aircraft and are consistent with Australia's obligations under the Convention on International Civil Aviation. These directives are issued in response to safety concerns identified by the State of Design, with CASA assessing and, if necessary, implementing corresponding Australian ADs. This legislative framework ensures that Australia's civil aviation safety regulations are in harmony with international practices and effectively address any identified safety risks.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for the issuance of airworthiness directives (ADs) in Australia, aimed at ensuring the safety of air navigation. Under section 98 of the Act, the Governor-General is empowered to make regulations, including the issuance of ADs by the Civil Aviation Safety Authority (CASA) for specific kinds of aircraft or aeronautical products, as per regulation 39.001 of the Regulations. This regulatory mechanism ensures that ADs, as legislative instruments, adhere to the provisions outlined in the Legislative Instruments Act 2003. ADs apply to aircraft registered in Australia and are mandated by the responsibilities of the State of Design and the State of Registry under Annex 8 of the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, is tasked with assessing and issuing Australian ADs in response to those issued by the relevant State of Design. This regulatory approach ensures that Australia meets its international obligations while maintaining the safety standards for aircraft within its jurisdiction.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. This provision allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as detailed in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as critical tools for maintaining the airworthiness of aircraft and are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
The obligations under this Act require the State of Design to take primary responsibility for the continuing airworthiness of an aircraft type, providing necessary information to ensure its airworthiness to States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft registered within its jurisdiction. When the State of Design issues an AD, such as the AD 2008-17-17 affecting Boeing B747 model aircraft issued by the US Federal Aviation Administration (FAA), CASA must evaluate this information. If deemed necessary, CASA issues an Australian AD to enforce the State of Design's requirements, as seen in the case of AD/B747/382 which became effective on 2 October 2008.
The Civil Aviation Safety Regulations 1998 and the Convention on International Civil Aviation dictate that ADs are issued in response to safety concerns and are based on international obligations, meaning consultation with the Australian public is not mandatory for these directives. Furthermore, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The Manager, Airframes in the Airworthiness Engineering Branch at CASA issues these ADs in compliance with subsection 84A(2) of the Act, ensuring that the directives align with Australia's regulatory framework and international aviation standards.
Non-compliance with airworthiness directives can result in significant consequences, both civil and criminal. Civil penalties may include fines, while criminal penalties can lead to imprisonment, reflecting the serious nature of ensuring aviation safety. The specific maximum penalties for breaches of ADs are detailed in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, which underscore the importance of adhering to these safety mandates to protect the public and maintain the integrity of the aviation industry.