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 2005-19-23 affecting Boeing 767 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B767/138, Amendment 3, which will become effective on 22 December 2005. 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, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, serves as the principal legislative framework governing civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. In line with this objective, the Civil Aviation Safety Regulations 1998 were introduced to provide detailed provisions for maintaining the safety of aircraft and aeronautical products. The Act empowers the Governor-General to create regulations that align with the Act's safety objectives, with the Civil Aviation Safety Authority (CASA) having the authority to issue airworthiness directives (ADs) concerning aircraft types or aeronautical products under regulation 39.001. These ADs, considered legislative instruments, are issued in accordance with Australia's obligations under the Convention on International Civil Aviation, ensuring that the State of Design provides necessary information for continuing airworthiness, which the State of Registry must then mandate. The ADs are issued without public consultation as they respond to international standards and obligations.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, applies to any aircraft registered in Australia and to any aeronautical products used in aviation activities within Australia. Under section 98 of the Act, the Governor-General has the authority to issue regulations to ensure the safety of air navigation, with CASA being tasked under regulation 39.001 to issue airworthiness directives (ADs) for specified kinds of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance and are issued to ensure compliance with international standards, such as those stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Registry for an aircraft is responsible for its continuing airworthiness, and when a State of Design issues an AD, CASA must assess and, if necessary, issue a corresponding Australian AD. This process ensures that Australian-registered aircraft meet the necessary safety standards as determined by the relevant State of Design. Given that these ADs are issued in response to international obligations and to maintain safety standards, there is no requirement for public consultation, and the Office of Regulatory Review has determined that they do not require a Regulatory Impact Statement.
Key Provisions
The main sections of the Civil Aviation Safety Regulations 1998 relevant to the issuance of airworthiness directives (ADs) are found under regulation 39.001. This regulation grants the Civil Aviation Safety Authority (CASA) the authority to issue ADs for specific types of aircraft or aeronautical products, as stipulated under section 98 of the Civil Aviation Act 1988. Furthermore, subregulation 39.001(5) classifies an AD as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and hence, as a legislative instrument under the Legislative Instruments Act 2003. ADs are critical instruments for maintaining the continuing airworthiness of aircraft types, and they are issued in compliance with Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for ensuring the ongoing airworthiness of an aircraft type.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on the parties and entities it governs include the duty of the State of Design to provide necessary information to ensure the continuing airworthiness of a type of aircraft. This information is to be provided to the appropriate States of Registry, which in turn are responsible for developing or adopting requirements to ensure the continuing airworthiness of individual aircraft within their jurisdiction. CASA, as Australia's national airworthiness authority, must assess any ADs issued by the State of Design and, if deemed appropriate, issue corresponding Australian ADs to mandate the requirements for aircraft registered in Australia. This ensures that Australian-registered aircraft comply with international safety standards.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance with ADs. However, non-compliance with airworthiness requirements can result in severe consequences, including the grounding of aircraft, suspension or revocation of airworthiness certificates, and potential criminal charges for aviation-related offences under other relevant legislation, such as the Criminal Code Act 1995. Operators found in breach of ADs may face fines, imprisonment, or both, depending on the severity and circumstances of the non-compliance. CASA has the authority to enforce compliance through various means, including inspections, audits, and legal action.