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 2010-14-10 affecting Boeing 747 aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B747/53 Amendment 4, which will become effective on
19 July 2010. This AD cancels and replaces the previous issue.
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 Regulatory Review 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 regulate civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act provides a framework for the regulation of aviation safety, including the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that mandate requirements to ensure the continuing airworthiness of aircraft types registered in Australia. The Civil Aviation Safety Authority (CASA) is responsible for issuing ADs in response to information provided by the State of Design, in accordance with Annex 8 of the Convention on International Civil Aviation. The ADs are issued without public consultation as they are a direct response to international obligations and directives from the relevant State of Design. The policy objective of the ADs is to maintain the highest standards of aviation safety by ensuring that all aircraft registered in Australia meet the necessary airworthiness requirements.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, as authorised by section 98 of the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These ADs are legislative instruments as per the Legislative Instruments Act 2003. The State of Design holds responsibility for the continuing airworthiness of aircraft types, and ADs serve as a primary means of ensuring this, aligning with Annex 8 of the Convention on International Civil Aviation. When a State of Design issues an AD, such as the United States Federal Aviation Administration's AD 2010-14-10 for Boeing 747 aircraft, CASA evaluates the directive and, if necessary, issues a corresponding Australian AD. This regulatory process ensures that Australian-registered aircraft meet international safety standards. Notably, this AD, being an international obligation response, did not undergo public consultation or require a Regulatory Impact Statement. The AD is issued by the Manager, Continuing Airworthiness, on behalf of CASA, in line with the Act's provisions.
Key Provisions
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, establishes a framework for maintaining the safety of air navigation in Australia. Section 98 of the Act provides the authority for the Governor-General to make regulations for the safety of air navigation, which includes the issuance of airworthiness directives (ADs) under regulation 39.001. These ADs are legislative instruments subject to disallowance and must comply with the Legislative Instruments Act 2003. Specifically, subregulation 39.001(5) outlines the nature of ADs as instruments that mandate compliance with safety standards for aircraft or aeronautical products.
These regulations impose obligations on various parties, including the State of Design and the State of Registry. The State of Design, in this case, the United States, is responsible for ensuring the continuing airworthiness of the aircraft type and must provide necessary information to the States of Registry. The State of Registry, in this instance, Australia, must then develop or adopt requirements to maintain the airworthiness of aircraft within its jurisdiction. In response to an AD issued by a State of Design, the Civil Aviation Safety Authority (CASA) is mandated to assess the information and, if necessary, issue an Australian AD to enforce the requirements set by the State of Design.
The Civil Aviation Act 1988 and its associated regulations do not require consultation with the Australian public for ADs issued under international obligations and in response to directives from the State of Design. Furthermore, the Office of Regulatory Review has determined that such ADs do not necessitate a Regulatory Impact Statement. The AD in question, Australian AD/B747/53 Amendment 4, has been issued by CASA and is effective from 19 July 2010, cancelling and replacing the previous AD. This process ensures that Australian aircraft meet international safety standards and comply with the requirements set forth by the relevant State of Design.
Failure to comply with an AD can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD may lead to enforcement actions by CASA. The Act outlines potential penalties for breaches, which can include substantial fines and, in severe cases, criminal charges. The maximum penalties for contravening an AD are determined by the seriousness of the breach and the potential risk to safety. These penalties serve as a deterrent against non-compliance and underscore the importance of adhering to the safety standards set forth by CASA.