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 FAA has issued AD 2008-25-07 affecting Boeing 747 type aircraft. The USA is the State of Design for the B747 type. CASA has assessed this AD and has issued Australian AD/B747/389, which will become effective on 12 February 2009.
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 acting Manager, Airframes and Structures, 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 safety of civil aviation in Australia and to establish the Civil Aviation Authority (CASA) as the national airworthiness authority. This legislation was introduced to address the need for comprehensive regulation of civil aviation safety and to ensure compliance with international standards set by the International Civil Aviation Organization (ICAO). The Act empowers CASA to issue regulations and directives to maintain airworthiness, particularly through the Civil Aviation Safety Regulations 1998. These regulations permit CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as mandated by section 98 of the Act and regulation 39.001 of the Civil Aviation Safety Regulations 1998. The objective of this legislative framework is to uphold the highest safety standards in civil aviation by ensuring that aircraft and aeronautical products meet the necessary safety criteria, thereby protecting public safety and fulfilling Australia's international obligations under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 provide the legislative framework for ensuring the safety of air navigation in Australia. Under these regulations, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives are issued to ensure the continuing airworthiness of aircraft in accordance with international standards set by the Convention on International Civil Aviation. The ADs are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. The State of Design, in this case, the USA for Boeing 747 aircraft, has the responsibility to issue ADs for their designed aircraft types, and CASA, as Australia's national airworthiness authority, must assess and, if necessary, issue corresponding Australian ADs. Given that these directives are mandated by international obligations and are in response to directives issued by the State of Design, they do not require public consultation or a Regulatory Impact Statement. The ADs are issued by CASA in compliance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to enact regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 extends this by allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legislative instruments, governed by the requirements of the Legislative Instruments Act 2003. Furthermore, under subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, ADs are subject to disallowance provisions outlined in the Acts Interpretation Act 1901.
The obligations placed on parties under this Act are significant. The State of Design, responsible for an aircraft type under Annex 8 of the Convention on International Civil Aviation, must provide all necessary information to ensure the continuing airworthiness of that type to relevant States of Registry. In Australia, CASA, acting as the national airworthiness authority, is mandated to assess any ADs issued by the State of Design and, if deemed necessary, issue corresponding Australian ADs to enforce these requirements. This ensures that Australian-registered aircraft meet the safety standards set by their country of design.
Non-compliance with airworthiness directives can lead to serious consequences. The Civil Aviation Safety Regulations 1998 outline various offences and penalties for breaches. For instance, failure to comply with an AD can result in significant fines and, in severe cases, criminal charges. The exact penalties may vary depending on the nature and severity of the breach, but they are intended to enforce strict adherence to airworthiness standards. It is essential for all stakeholders, including aircraft operators and maintenance personnel, to be fully aware of their obligations and the potential consequences of non-compliance.
CASA’s issuance of ADs, such as AD/B747/389 for Boeing 747 type aircraft, is rooted in international obligations under the Convention on International Civil Aviation. Given that these directives are responses to ADs issued by the State of Design, there is no requirement for public consultation. Moreover, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The AD is formally made by an authorised officer within CASA, in compliance with subsection 84A(2) of the Civil Aviation Act 1988. This streamlined process ensures that necessary safety measures are implemented swiftly and efficiently without bureaucratic delays.