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 FAA issued AD 2002-01-15, affecting Boeing B767 aircraft, in 2002. The United States is the State of Design for this type. Subsequently the FAA has issued AD 2006-10-08 which superseded AD 2002-01-15. As a result, CASA has amended the equivalent Australian AD to AD/B767/168 Amendment 1 which will become effective on 3 August 2006. 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 Commonwealth Parliament, governs the safety and regulation of civil aviation in Australia. It aims to ensure the safety of air navigation and to provide a framework for the regulation of aviation activities. In line with this objective, the Act authorises the Governor-General to make regulations that contribute to the safety of air navigation. One such regulation, specified in the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments that mandate safety requirements for aircraft to maintain their airworthiness. The ADs are typically issued in response to international obligations under the Convention on International Civil Aviation and are aligned with directives from the State of Design. This approach ensures that Australian aviation safety standards are consistent with international practices and that Australian aircraft meet necessary safety requirements.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, under section 98 of the Civil Aviation Act 1988, enable the Governor-General to make regulations aimed at enhancing the safety of air navigation. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs serve as legislative instruments, as stipulated by subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901. The ADs are critical for ensuring the continuing airworthiness of aircraft as per Annex 8 of the Convention on International Civil Aviation, which assigns responsibility for this to the State of Design. CASA, as Australia's national airworthiness authority, must evaluate information from the State of Design and, if necessary, issue corresponding ADs to enforce the requirements. For instance, following the issuance of U.S. Federal Aviation Administration ADs for Boeing B767 aircraft, CASA has updated its ADs accordingly. This process does not require public consultation or a Regulatory Impact Statement, and the ADs are issued by the Manager, New Technologies and Systems, on behalf of CASA in compliance with the Act.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 relevant to airworthiness directives (ADs) are sections 98 and 39.001. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 provides the Civil Aviation Safety Authority (CASA) with the authority to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments, as per section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
The Act and Regulations impose specific obligations on CASA. As Australia’s national airworthiness authority, CASA must assess information from the State of Design, which is responsible for the continuing airworthiness of an aircraft type. When the State of Design issues an AD, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that Australian aircraft meet international safety standards. Furthermore, the State of Registry of an individual aircraft is mandated to develop or adopt requirements to ensure the continuing airworthiness of aircraft under its registry, in alignment with Annex 8 of the Convention on International Civil Aviation.
The ADs carry specific consequences for non-compliance. Failure to comply with an AD can result in significant civil or criminal penalties. While the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not specify maximum penalties for non-compliance with ADs, non-compliance with aviation regulations can result in substantial fines and, in severe cases, imprisonment. Such consequences underscore the importance of adhering to airworthiness directives to ensure the safety and compliance of aviation operations within Australia.