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 has issued AD 2005-11-02 affecting Boeing 767 model aircraft. The US is the State of Design for this model. CASA has assessed this AD and has issued Australian AD/B767/146 Amendment 2, which will become effective on 4 August 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, enacted by the Commonwealth Parliament, establishes the legislative framework for civil aviation in Australia. One of the key issues it addresses is the need for ensuring the safety of air navigation and the continuing airworthiness of aircraft. Under the Act, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) in accordance with the Civil Aviation Safety Regulations 1998. These directives are integral in maintaining the safety standards required under international conventions such as the Convention on International Civil Aviation. The objective of these regulations is to ensure that aircraft remain airworthy and comply with safety standards as set out by the State of Design and adopted by the State of Registry, in this case Australia. The issuance of ADs is critical to fulfilling Australia’s obligations under international agreements and ensuring the safety of aircraft operating within Australian airspace.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, including the Civil Aviation Safety Regulations 1998, govern the issuance of airworthiness directives (ADs) within Australia, ensuring the safety of air navigation and the continuing airworthiness of aircraft registered in the country. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These directives are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. Australia's obligations under Annex 8 to the Convention on International Civil Aviation also play a role, with the State of Registry required to ensure the airworthiness of aircraft. When a State of Design issues an AD, CASA must assess and, if appropriate, issue a corresponding Australian AD. For example, following the issuance of US Federal Aviation Administration AD 2005-11-02 for Boeing 767 model aircraft, CASA issued Australian AD/B767/146 Amendment 2. This AD is mandated by Australia’s international obligations and thus does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, outlines the framework for issuing airworthiness directives (ADs) which are crucial for maintaining the safety of aircraft in operation. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the safety of air navigation, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs serve as binding legal instruments that mandate specific actions or modifications to ensure the continuing airworthiness of the aircraft.
The obligations imposed by these regulations on parties and entities are substantial. The State of Design, which in this case is the United States for Boeing 767 model aircraft, has the responsibility to issue ADs to ensure that all aircraft of that type meet continuing airworthiness standards. Similarly, the State of Registry, which is Australia in this context, must adopt or develop requirements to maintain the airworthiness of individual aircraft registered within its territory. CASA, as the national airworthiness authority, is tasked with assessing the ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs to enforce those requirements. This ensures that Australian-registered aircraft comply with international safety standards.
Failing to comply with the ADs can result in significant consequences. Although the Act does not specify the exact penalties for non-compliance, breaches can lead to enforcement actions by CASA, which may include fines, grounding of aircraft, or other regulatory sanctions. Given the critical nature of airworthiness directives in maintaining aviation safety, non-compliance can also result in criminal charges if it is deemed to have endangered safety in air navigation. The maximum penalties for such offences can be severe, reflecting the high stakes involved in ensuring that all aircraft operate safely.
Under the Legislative Instruments Act 2003, ADs are considered legislative instruments, which means they have the force of law. This legal status underscores the importance of adhering to the directives issued by CASA. Additionally, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, streamlining the process for issuing these critical safety mandates. This ensures that safety measures can be implemented swiftly to address any identified issues with aircraft airworthiness.