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 issued FAA AD 2001-15-08, affecting B767 aircraft. 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 AD/B767/167 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, New Technologies and Systems, 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, aims to provide a comprehensive regulatory framework for civil aviation to ensure the safety and efficiency of air navigation within Australia. Under this Act, the Civil Aviation Safety Regulations 1998 were also established to provide specific rules and requirements to maintain the safety and airworthiness of aircraft. One key aspect of this regulatory framework is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority. ADs are legislative instruments issued in accordance with international standards and under the authority granted by the Act, specifically section 98, to address safety concerns and ensure compliance with international aviation safety obligations. The issuance of ADs is pivotal in maintaining the continuing airworthiness of aircraft registered in Australia, fulfilling Australia's commitments under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, as supported by the Civil Aviation Safety Regulations 1998, grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) that pertain to specific types of aircraft or aeronautical products. These regulations apply to entities and individuals involved in the operation and maintenance of aircraft registered in Australia, ensuring that they adhere to safety standards consistent with international conventions, particularly under Annex 8 to the Convention on International Civil Aviation. This legislative framework extends its reach to both the State of Design and the State of Registry, mandating that the State of Design provides necessary information to maintain airworthiness, while the State of Registry is tasked with implementing these directives to ensure compliance. The ADs issued under this act are legislative instruments that must be assessed and adopted by CASA, Australia’s national airworthiness authority, before they become effective. Notably, the issuance of these directives does not require public consultation or a Regulatory Impact Statement, as they are a direct response to international obligations and industry requests. The ADs are made by authorised CASA officials in accordance with the Act’s provisions, ensuring that they align with both national and international aviation safety standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) (sections 98 and 39.001). These ADs, which are legislative instruments under section 6 of the Legislative Instruments Act 2003, aim to ensure the continuing airworthiness of aircraft types and aeronautical products (subregulation 39.001(5)). The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, providing necessary information to the State of Registry to maintain this airworthiness (Annex 8 to the Convention on International Civil Aviation). The State of Registry, such as CASA in Australia, must then develop or adopt requirements to ensure the continuing airworthiness of aircraft on its register (Annex 8). When the State of Design issues an AD, CASA must assess and, if necessary, issue a corresponding Australian AD to enforce the State of Design's requirements.
The obligations under these provisions require CASA to act upon ADs issued by the State of Design, such as the United States for the B767 aircraft. This obligation includes assessing the AD, and if deemed necessary, issuing an Australian AD to ensure compliance with safety standards (section 98, Civil Aviation Act 1988). CASA must ensure that all ADs issued are in line with international standards and agreements, particularly those under the Convention on International Civil Aviation. This also entails ensuring that any amendments or updates to existing ADs, such as AD/B767/167 Amendment 3, are communicated effectively and implemented as required.
Failure to comply with ADs can result in significant civil and criminal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to penalties including fines and imprisonment. The specific penalties are not outlined in the provided text, but generally, such breaches can result in substantial financial penalties and potential imprisonment terms, reflecting the critical nature of airworthiness compliance in aviation safety. The seriousness of these potential consequences underscores the importance of adhering to ADs to maintain the high safety standards required in civil aviation.