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 2009-19-05 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/B747/397, which will become effective on 19 November 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 Initial Airworthiness in the Airworthiness and 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 a comprehensive legal framework governing civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act authorises the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. The Civil Aviation Safety Regulations 1998, made under the authority of this Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These ADs serve as a critical mechanism for maintaining the continuing airworthiness of aircraft, aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, assesses information from the State of Design and issues corresponding Australian ADs to mandate compliance with international safety requirements.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the framework for ensuring the safety of air navigation in Australia. Under this legislation, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives, which are legislative instruments, serve to mandate safety measures and ensure the continuing airworthiness of aircraft. The Act applies to entities involved in civil aviation within Australia, including aircraft operators, manufacturers, and maintenance providers. Geographically, the legislation's reach extends nationally, as CASA operates as Australia's national airworthiness authority under the obligations set forth in the Convention on International Civil Aviation. The ADs issued by CASA are often in direct response to directives issued by the State of Design, in this case, the United States for Boeing B747 model aircraft. While these directives are issued in accordance with international obligations and do not typically require public consultation or a Regulatory Impact Statement, they are critical in maintaining the safety standards required under the Act.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. This authority is exercised to ensure the safety of air navigation as mandated by section 98 of the Civil Aviation Act 1988. Section 39.001(5) further clarifies that such ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments under section 6 of the Legislative Instruments Act 2003.
Under these regulations, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. This responsibility includes providing necessary information to ensure the aircraft type's continuing airworthiness to the appropriate States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA, as the national airworthiness authority, must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
The Federal Aviation Administration (FAA) of the United States, as the State of Design for Boeing B747 model aircraft, has issued AD 2009-19-05. CASA has reviewed this directive and issued the corresponding Australian AD/B747/397, which will be effective from 19 November 2009. This action aligns with Australia's obligations under the Convention on International Civil Aviation. Given the nature of the AD and its origin from the relevant State of Design, no public consultation was conducted. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD was issued by the Manager Initial Airworthiness in the Airworthiness and Engineering Branch of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
Failure to comply with the requirements set forth in an AD can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance with ADs is an offence, and CASA has the authority to enforce these regulations. Violations can lead to civil penalties, including fines, as well as criminal penalties, depending on the severity of the breach. The maximum penalties for such offences are outlined in the Act and may vary based on the specific circumstances of non-compliance. It is crucial for aircraft operators and other relevant parties to adhere to ADs to maintain the safety and airworthiness of their aircraft.