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 2009-15-12 affecting Boeing 747-400 series aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B747/396, which will become effective on
24 September 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, Future Technology and Regulatory Trends in the Standards Development and Future Technology Division, 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 safety in Australia and was established to address the need for comprehensive safety standards and regulatory oversight in the aviation industry. The Act empowers the Governor-General to create regulations that ensure the safety of air navigation, including the issuance of airworthiness directives. Under the authority granted by section 98 of the Civil Aviation Act 1988, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue such directives for specific types of aircraft or aeronautical products. The policy objective of these regulations is to maintain and enhance the safety of air navigation through consistent and internationally compliant standards.
The Civil Aviation Safety Regulations 1998 were enacted by the Australian Parliament and include provisions for CASA to issue airworthiness directives, which are legislative instruments subject to disallowance. These directives are integral to the continuing airworthiness of aircraft, ensuring that they meet necessary safety standards. The Australian government, through CASA, adheres to international obligations under the Convention on International Civil Aviation, particularly the responsibilities of the State of Design and State of Registry for ensuring aircraft airworthiness. The issuing of Australian airworthiness directives, such as AD/B747/396 for Boeing 747-400 series aircraft, exemplifies the collaborative approach to aviation safety that aligns with global standards and practices.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This authority is exercised in line with section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations to ensure the safety of air navigation. The ADs are legislative instruments under the Legislative Instruments Act 2003 and aim to maintain the continuing airworthiness of aircraft as required by Annex 8 to the Convention on International Civil Aviation. The State of Registry for an individual aircraft, such as Australia for aircraft registered within its territory, is responsible for ensuring the aircraft's airworthiness. When an AD is issued by the State of Design, such as the United States for Boeing 747-400 series aircraft, CASA, as Australia's national airworthiness authority, must assess and, if necessary, issue a corresponding Australian AD to enforce the requirements. This process ensures that Australian aircraft meet international safety standards and complies with Australia's obligations under international aviation conventions.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, establish the framework for issuing airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 under the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. This regulatory power is exercised to ensure the continuing airworthiness of aircraft, as mandated by Annex 8 of the Convention on International Civil Aviation. According to subregulation 39.001(5), an AD is considered a disallowable instrument under the Acts Interpretation Act 1901 and is thus a legislative instrument.
The obligations imposed by the Act and Regulations are primarily on CASA, which must assess information from the State of Design and, if necessary, issue an Australian AD to align with the requirements set forth by the State of Design. For example, the United States Federal Aviation Administration (FAA) has issued an AD affecting Boeing 747-400 series aircraft. As the State of Design, the United States is responsible for issuing this directive. CASA has assessed the FAA's AD and has issued its own Australian AD/B747/396, effective from 24 September 2009. This process ensures that Australian-registered aircraft meet international safety standards.
Any breach of the obligations outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 could result in significant consequences. Failure to comply with an AD can lead to civil or criminal penalties, depending on the severity of the non-compliance. While the exact penalties are not specified in the text, non-compliance with aviation regulations generally carries substantial fines and potential imprisonment for individuals, alongside possible sanctions for entities involved. The legislative nature of ADs means that failure to adhere to these directives can also attract legal action from CASA, which may seek enforcement through the courts.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a comprehensive framework for issuing and enforcing airworthiness directives. CASA is mandated to issue such directives when necessary, ensuring that Australian-registered aircraft meet international safety standards. Failure to comply with these directives can result in significant legal and financial repercussions, highlighting the critical importance of adhering to the stipulated obligations.