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 FAA has issued AD 2004-26-06 affecting Boeing 767 model aircraft. USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B767/205, which will become effective on 17 March 2005.
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 Acting 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, aims to ensure the safety of air navigation and the continuing airworthiness of aircraft. This legislation grants the Governor-General the authority to make regulations in the interest of aviation safety, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The Act works in conjunction with the Civil Aviation Safety Regulations 1998, which allow CASA to issue ADs for specific types of aircraft or aeronautical products. These directives are considered legislative instruments under the Legislative Instruments Act 2003. The Civil Aviation Act 1988 and its associated regulations are designed to align with international standards, particularly those set by the International Civil Aviation Organization (ICAO), to maintain consistent and high safety standards across the global aviation industry.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, particularly the Civil Aviation Safety Regulations 1998, apply to the issuance of airworthiness directives (ADs) for aircraft and aeronautical products in Australia. This legislation empowers the Civil Aviation Safety Authority (CASA) to issue ADs that ensure the safety of air navigation. These directives apply to the types of aircraft registered in Australia and are aligned with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, such as the United States for the Boeing 767 model aircraft, is responsible for issuing ADs for specific aircraft types, and CASA, as Australia's national airworthiness authority, must evaluate and potentially issue corresponding Australian ADs to enforce these requirements. The issuance of such directives is a legislative instrument under Australian law, and while they are typically issued in response to international obligations, they do not require public consultation or a Regulatory Impact Statement. The application of ADs is geographically focused on aircraft registered in Australia, ensuring compliance with both national and international safety standards.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, as referenced in the Explanatory Statement, include sections such as section 98 which allows the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. Section 39.001(5) of these Regulations further clarifies that an AD is a disallowable instrument under the Acts Interpretation Act 1901, making it a legislative instrument in accordance with the Legislative Instruments Act 2003.
The obligations imposed by these provisions include the requirement for CASA to assess information from the State of Design when an AD is issued and to subsequently issue an Australian AD if appropriate. This ensures that Australian aircraft meet international standards for continuing airworthiness, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry of an individual aircraft must also develop or adopt requirements to ensure the continuing airworthiness of aircraft, thereby reinforcing the safety and compliance of aircraft operating within Australia.
Any breach of the obligations or requirements set forth by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 may result in various consequences. While the specific offences, penalties, or consequences are not detailed in the provided text, the issuance of ADs and the compliance with them are critical to maintaining air safety. Failure to adhere to these directives could potentially lead to safety violations and legal repercussions for the parties involved. The text does not specify maximum penalties but implies that non-compliance could lead to enforcement actions by CASA.