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 2008-21-06 affecting Boeing 747-400 series aeroplanes. The United States is the State of Design for these aeroplanes. CASA has assessed this AD and has issued Australian AD/B747/385, which will become effective on 18 December 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the 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 was enacted to provide for the regulation of civil aviation within Australia, with a strong emphasis on ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that ensure the continuing airworthiness of aircraft and aeronautical products, aligning with Australia’s obligations under the Convention on International Civil Aviation. Given the global nature of aviation, the Act mandates that Australia's national airworthiness authority, CASA, must respond to ADs issued by the State of Design, such as the United States for Boeing 747-400 series aeroplanes, by issuing corresponding Australian ADs. This legislative framework ensures that Australian-registered aircraft meet international safety standards and that CASA fulfills its duty under Annex 8 of the Convention to maintain the airworthiness of aircraft within its jurisdiction.
Scope and Application
The Civil Aviation Act 1988 and its associated Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, ensuring the continuing safety of aircraft registered within the country. Under these regulations, the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products to mandate safety requirements. These ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and must comply with the Legislative Instruments Act 2003. The issuance of ADs is aligned with international obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type, while the State of Registry, such as Australia in this case, is responsible for ensuring the individual aircraft's airworthiness. In instances where the State of Design issues an AD, CASA evaluates this information and, if deemed necessary, issues a corresponding Australian AD. This regulatory framework applies to all entities and individuals involved in the registration, operation, and maintenance of aircraft in Australia. The scope of the ADs is national, and while they are issued without public consultation due to their international obligations, they are subject to internal CASA processes and approvals.
Key Provisions
The Civil Aviation Act 1988 (section 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the framework for the issuance of airworthiness directives (ADs). According to section 98, the Governor-General has the authority to make regulations for the safety of air navigation, and regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These directives are essential for maintaining the continuing airworthiness of aircraft and ensuring safety standards are met.
Under the Civil Aviation Safety Regulations 1998, an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901. This means that it is subject to the scrutiny of the Parliament, as per section 6 of the Legislative Instruments Act 2003, and thus constitutes a legislative instrument. This regulation is in line with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design, in this case the United States for Boeing 747-400 series aeroplanes, holds the responsibility for the continuing airworthiness of an aircraft type. The State of Registry, such as Australia through CASA, must then ensure that the requirements of these ADs are met for aircraft registered within its jurisdiction.
Compliance with these ADs imposes several obligations on the parties involved. The State of Design, such as the United States for Boeing 747-400 series aeroplanes, must provide necessary information to ensure the continuing airworthiness of the aircraft type. CASA, as Australia's national airworthiness authority, must assess this information and, if necessary, issue corresponding ADs for Australian-registered aircraft. Operators of affected aircraft must then adhere to the requirements set forth in these ADs to maintain compliance and ensure the safety of their operations. Failure to comply with these ADs can result in severe consequences, including the potential grounding of aircraft and legal repercussions.
In terms of penalties and consequences, breaches of ADs can lead to both civil and criminal penalties. The Civil Aviation Safety Regulations 1998 outline specific sanctions for non-compliance. Civil penalties may include fines and other monetary penalties, while criminal penalties could involve imprisonment, reflecting the seriousness of ensuring aviation safety. These provisions are crucial for maintaining high safety standards in the aviation industry and underscore the importance of adhering to ADs.