CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 issued AD 2001-09-13, affecting Boeing 767 aircraft, in 2001. The United States is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to update the revision status of the referenced service bulletin and to allow the use of later revisions of the service bulletin provided they are approved by the FAA as an alternative method of compliance (AMOC). The amended AD, AD/B767/146 Amendment 1, will become effective on 7 July 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 Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted by the Australian Parliament to provide a comprehensive framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety and efficiency of air navigation. This legislation allows the Governor-General to make regulations for the purposes of the Act, including the issuance of airworthiness directives, which are crucial for maintaining the safety and airworthiness of aircraft. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue such directives for specific types of aircraft or aeronautical products. This regulatory power is derived from section 98 of the Civil Aviation Act 1988 and is exercised in the interests of safety in air navigation. The authority to issue airworthiness directives is further reinforced by international obligations under Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design and requires States of Registry to ensure compliance with airworthiness standards.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Regulations 1998, governs various aspects of civil aviation in Australia, including the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Under this legislation, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs concerning specific types of aircraft or aeronautical products, which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. These ADs mandate compliance with airworthiness standards as outlined by the State of Design and enforced by the State of Registry. The Act applies to aircraft registered in Australia and those operated by Australian entities, ensuring adherence to international standards as per the Convention on International Civil Aviation. While the Act broadly applies to all relevant aircraft and aeronautical products within Australia, specific ADs may target particular aircraft types or products based on safety concerns or international directives. No public consultation is required for the issuance of ADs as they are based on international obligations and industry requests. The ADs are issued by CASA, reflecting Australia's commitment to maintaining airworthiness in alignment with global safety standards.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to enact regulations for air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning aircraft types or aeronautical products. The ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, meaning they are subject to disallowance by Parliament and are legislative instruments as per section 6 of the Legislative Instruments Act 2003. These directives are crucial for maintaining the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to ensure an aircraft type's airworthiness, while the State of Registry is tasked with implementing these requirements.
Under the Civil Aviation Safety Regulations 1998, CASA, as Australia's national airworthiness authority, must assess any ADs issued by the State of Design and, if appropriate, issue an Australian AD to enforce the requirements. This process ensures that Australian aircraft comply with international standards and regulations. For instance, following the issuance of AD 2001-09-13 by the US Federal Aviation Administration (FAA) affecting Boeing 767 aircraft, CASA amended the equivalent Australian AD to update the revision status of the referenced service bulletin and to allow the use of later revisions approved by the FAA as an alternative method of compliance (AMOC). This amendment, AD/B767/146 Amendment 1, will become effective on 7 July 2005, replacing the previous issue. Given that this AD is issued under Australia’s obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, no public consultation was required. The Office of Regulatory Review has also determined that ADs do not necessitate a Regulatory Impact Statement.
The ADs are issued by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. The obligations imposed on the parties governed by these regulations include ensuring that aircraft types and aeronautical products meet the specified airworthiness standards. Failure to comply with these directives can result in severe consequences. Offences under the Civil Aviation Act 1988, particularly those related to non-compliance with ADs, may lead to civil or criminal penalties. For example, individuals or entities failing to adhere to an AD may face fines and, in more severe cases, imprisonment. The exact penalties depend on the nature and severity of the breach, but they underscore the importance of strict compliance with airworthiness directives to ensure the safety of air navigation.