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.
State of Design ADs issued on or after 1 October 2009 are defined as ADs per Civil Aviation Safety Regulations Part 39.001A.
CASA issued AD/B747/51 affecting Boeing 747 series aeroplanes. The United States FAA issued AD 2009-25-11 on 10 December 2009 which supersedes the requirements of AD/B747/51 and as such this AD has been cancelled. The United States is the state of design for these aircraft. The cancellation will become effective on 14 January 2010.
No consultation with the Australian public has taken place on this AD cancellation. 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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety of civil aviation and to provide a framework for the regulation of civil aviation within Australia. This legislation was introduced to address the need for comprehensive regulation of the aviation industry, ensuring safety and operational standards are met across the sector. The Civil Aviation Safety Regulations 1998 were made under the authority of the Civil Aviation Act 1988 to further specify the requirements for airworthiness, maintenance, and operation of aircraft. One of the key provisions of these regulations is the ability for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft. The policy objective of these regulations is to maintain and enhance the safety of civil aviation in Australia by ensuring that all aircraft meet stringent safety and operational standards. CASA, acting on behalf of the Governor-General, issues ADs to mandate the necessary actions to maintain airworthiness in compliance with international standards set by the International Civil Aviation Organization (ICAO).
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General is empowered to make regulations that serve the interests of air navigation safety, and regulation 39.001 specifically authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance and must comply with the Legislative Instruments Act 2003. The ADs are integral to the continuing airworthiness of aircraft, with the State of Design having the overarching responsibility for providing necessary information to States of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, must evaluate the information provided by the State of Design and, if deemed appropriate, issue an Australian AD to enforce the required safety measures. This regulatory framework ensures that the continuing airworthiness of aircraft registered in Australia meets international safety standards.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for types of aircraft or aeronautical products. An AD, as defined in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is considered a legislative instrument under section 6 of the Legislative Instruments Act 2003.
These regulations place specific obligations on CASA and the State of Registry of an aircraft. The State of Design has overall responsibility for the continuing airworthiness of an aircraft type, and must provide necessary information to ensure this airworthiness. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When an AD is issued by a State of Design, CASA must assess the information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. The cancellation of an existing AD, such as AD/B747/51 affecting Boeing 747 series aeroplanes, is carried out by CASA in accordance with the regulations, as seen in the case where AD/B747/51 was cancelled following the issuance of a new AD by the United States Federal Aviation Administration (FAA).
Breach of the requirements set out in these regulations can lead to serious consequences. While the specific offences and penalties are not detailed in the provided text, breaches of civil aviation regulations generally result in both civil and criminal consequences, including fines and imprisonment. The maximum penalties for violations can vary depending on the severity of the breach and the specific regulations involved. It is important for all parties governed by these regulations to ensure compliance to avoid such consequences.