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 2009-04-12 affecting Boeing B767 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B767/163, Amendment 1, which will become effective on 7 May 2009. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, is a fundamental legislative framework governing the safety and regulation of civil aviation within Australia. It establishes the Civil Aviation Authority of Australia (CASA) as the national airworthiness authority and empowers it to issue regulations and directives to ensure the safety of air navigation. The Civil Aviation Safety Regulations 1998 further detail the specific requirements and processes for maintaining airworthiness, including the issuance of airworthiness directives (ADs) by CASA under regulation 39.001. These ADs serve as critical instruments to address safety issues and ensure the continuing airworthiness of aircraft types registered in Australia. The Act and its accompanying regulations aim to align Australia's civil aviation safety standards with international obligations under the Convention on International Civil Aviation, particularly concerning the responsibilities of States of Design and Registry in maintaining aircraft airworthiness. The ADs issued by CASA in response to international directives are legislative instruments that do not require public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework under which airworthiness directives (ADs) are issued to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products, with these directives being considered disallowable instruments under the Acts Interpretation Act 1901 and legislative instruments under the Legislative Instruments Act 2003. This authority extends to the issuance of ADs in response to obligations under the Convention on International Civil Aviation, particularly with regard to the continuing airworthiness of aircraft types, which is overseen by the State of Design. In Australia, CASA acts as the national airworthiness authority and is mandated to issue Australian ADs when necessary, ensuring compliance with both international standards and Australian regulations. For example, in response to the US Federal Aviation Administration's AD 2009-04-12 for Boeing B767 model aircraft, CASA issued Australian AD/B767/163, Amendment 1, effective from 7 May 2009. These ADs do not require public consultation or a Regulatory Impact Statement as they are issued pursuant to international obligations and specific design state directives.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 contain provisions that allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). Specifically, under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to create regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for types of aircraft or aeronautical products. This regulatory power is further clarified by subregulation 39.001(5) which specifies that ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments as defined by the Legislative Instruments Act 2003.
These airworthiness directives are crucial for ensuring the continuing airworthiness of aircraft. The State of Design, which is responsible for the design of an aircraft, must provide necessary information to ensure that the aircraft type remains airworthy, according to Annex 8 to the Convention on International Civil Aviation. The State of Registry, which is the country where the aircraft is registered, is tasked with developing or adopting requirements to maintain the airworthiness of the aircraft. When the State of Design issues an AD, CASA, as Australia's national airworthiness authority, is required to assess this information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
The obligations under these regulations are clear: CASA must review and act on ADs issued by the State of Design, ensuring that any necessary airworthiness measures are communicated and enforced within Australia. This process is exemplified by the recent issuance of Australian AD/B767/163, Amendment 1, which was issued in response to the US Federal Aviation Administration's AD 2009-04-12 for Boeing B767 model aircraft. This AD, effective from 7 May 2009, cancels and replaces the previous Australian AD, highlighting CASA's role in maintaining compliance with international safety standards.
Failure to comply with these airworthiness directives can lead to serious consequences. Although specific penalties are not detailed in the provided text, breaches of airworthiness regulations can result in both civil and criminal liabilities. Civil penalties may include fines or other monetary penalties, while criminal penalties could involve imprisonment or both fines and imprisonment, depending on the severity of the breach and the specific provisions of the applicable legislation. The gravity of these consequences underscores the importance of adhering to ADs and the stringent regulatory framework designed to protect public safety in aviation.