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 2009-06-02 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/B747/390, which will become effective on 7 May 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation activities within Australia, ensuring the safety of air navigation and the continuing airworthiness of aircraft. In alignment with this Act, the Civil Aviation Safety Regulations 1998 provide the framework for issuing airworthiness directives (ADs), which are essential for maintaining the safety standards of aircraft. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to create regulations that safeguard air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises the Civil Aviation Safety Authority (CASA) to issue ADs for aircraft types and aeronautical products. These ADs are considered legislative instruments, subject to disallowance and oversight as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The authority to issue such directives is exercised under the oversight of CASA, with a specific focus on the continuing airworthiness of aircraft registered in Australia, in accordance with international standards set by the International Civil Aviation Organization (ICAO).
Scope and Application
The Civil Aviation Act 1988, through the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation, as stipulated in section 98 of the Act and regulation 39.001 of the Regulations. These ADs apply to types of aircraft or aeronautical products and are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs serve to mandate the continuing airworthiness of aircraft, a responsibility that lies with the State of Registry, in accordance with Annex 8 of the Convention on International Civil Aviation. When a State of Design, such as the United States for Boeing B747 models, issues an AD, CASA must assess and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. The issuance of these directives is governed by Australia's obligations under international conventions and does not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 (section 98) grants the Governor-General the authority to enact regulations that ensure the safety of air navigation. This includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. Section 39.001(5) further stipulates that these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore fall under the purview of the Legislative Instruments Act 2003 as legislative instruments. These ADs serve as a primary means for ensuring the continuing airworthiness of aircraft types, as per Annex 8 of the Convention on International Civil Aviation, where the State of Design assumes overall responsibility for the airworthiness of an aircraft type and must furnish necessary information to appropriate States of Registry.
In the context of Australian legislation, the State of Registry, which is CASA for Australia, is tasked with ensuring the continuing airworthiness of individual aircraft. This obligation includes developing or adopting requirements to maintain airworthiness, as mandated by Annex 8. When the State of Design, in this case, the US Federal Aviation Administration (FAA), issues an AD for a type of aircraft registered in Australia, CASA must evaluate this information and, if necessary, issue a corresponding Australian AD to enforce the State of Design's requirements. For instance, the US FAA issued AD 2009-06-02 concerning Boeing B747 model aircraft, prompting CASA to issue Australian AD/B747/390, effective from 7 May 2009.
Given that the issuance of this AD stems from 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 public consultation was conducted. Furthermore, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. This AD was formally issued by the Manager, Airframes & Structures within CASA's Airworthiness Engineering Group, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Under the Civil Aviation Safety Regulations 1998, entities and individuals must comply with ADs that are issued by CASA. These directives are legally binding and require adherence to the specified safety measures and maintenance requirements outlined in the ADs. Non-compliance with these directives can lead to severe consequences, including the potential grounding of aircraft, which can result in significant operational disruptions and financial losses for operators. Additionally, failure to comply with ADs can lead to civil and criminal penalties, including fines and imprisonment. The specific penalties for breaches of ADs are determined by the severity of the non-compliance and the impact on aviation safety.