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 2009-09-08 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/B747/392, which will become effective on 2 July 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, enacted to govern the safety of air navigation in Australia, grants the Governor-General the authority to issue regulations in the interests of safety. Pursuant to this, the Civil Aviation Safety Regulations 1998 permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This legislative framework is designed to ensure that Australian aircraft meet international standards and maintain airworthiness as mandated by the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 recognise ADs as legislative instruments, subject to disallowance under the Acts Interpretation Act 1901. CASA’s role includes assessing and issuing ADs in response to directives from the aircraft's State of Design, ensuring compliance with international obligations and maintaining the safety standards of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These regulations empower CASA to issue ADs concerning types of aircraft or aeronautical products under regulation 39.001. ADs serve as legislative instruments and are necessary to ensure the continuing airworthiness of aircraft types and individual aircraft as mandated by Annex 8 of the Convention on International Civil Aviation. The State of Design, responsible for the continuing airworthiness of a particular aircraft type, must provide information to States of Registry, which then issue ADs to maintain airworthiness. CASA, as Australia’s national airworthiness authority, assesses these directives and, if appropriate, issues Australian ADs to enforce the requirements set forth by the State of Design. The process of issuing these ADs is driven by international obligations and the need to comply with ICAO standards, and therefore, no public consultation is required. The ADs are made by authorised personnel within CASA, ensuring compliance with the relevant sections of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to create regulations that serve the Act’s purpose and ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs serve as a legislative instrument under section 6 of the Legislative Instruments Act 2003 and are disallowable instruments under section 46A of the Acts Interpretation Act 1901.
These airworthiness directives are crucial for maintaining the continuing airworthiness of aircraft types. According to Annex 8 to the Convention on International Civil Aviation, the State of Design holds overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure its safety. The State of Registry, which in Australia is CASA, is responsible for the continuing airworthiness of individual aircraft. When a State of Design issues an AD, CASA must assess the information and, if necessary, issue a corresponding Australian AD to enforce the State of Design's requirements.
The obligations imposed on the entities governed by this legislation are substantial. The State of Design must issue ADs when necessary to maintain airworthiness and provide essential information to the States of Registry. CASA, as the State of Registry, must rigorously assess these ADs and issue Australian ADs where appropriate, ensuring compliance with international standards. This process is mandated by international obligations and ensures that aircraft registered in Australia meet the highest safety standards.
Breaches of the provisions outlined in the Civil Aviation Safety Regulations 1998 can result in serious consequences. Although specific offences and penalties are not detailed in the provided text, it is clear that non-compliance with ADs can lead to significant civil or criminal penalties. These consequences are intended to enforce adherence to safety regulations and protect the public from potential aviation hazards. The severity of these penalties is designed to ensure that all parties take the requirements of airworthiness directives seriously.