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 2004-25-10 affecting Boeing 767 model aircraft. USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B767/206, 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, governs the regulation of civil aviation in Australia. Its primary objective is to ensure the safety and efficiency of civil aviation, with a focus on air navigation safety. One of the mechanisms through which this objective is achieved is through the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). ADs are legislative instruments made under regulation 39.001 of the Civil Aviation Safety Regulations 1998 and serve as a critical tool for maintaining the continuing airworthiness of aircraft. These directives are issued in response to the obligations Australia has under the Convention on International Civil Aviation and are intended to mandate requirements for aircraft registered in Australia. The ADs are typically issued following assessments by CASA of similar directives from the aircraft's State of Design, ensuring that Australian regulations align with international standards. The process for issuing such directives is designed to be efficient and responsive to international developments, with minimal public consultation due to the nature of the safety-critical information involved.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Regulations 1998, establishes a framework for ensuring the safety of air navigation in Australia. This legislative structure empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001, thereby ensuring that all aircraft registered in Australia meet necessary safety standards. These ADs serve as legislative instruments, subject to disallowance and oversight in accordance with the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. ADs are issued to mandate compliance with continuing airworthiness requirements, aligning with international standards as stipulated in Annex 8 to the Convention on International Civil Aviation. The application of these directives is geographically unrestricted within Australia, affecting all aircraft within the national register, irrespective of their type or the entity operating them. While the Act and Regulations do not explicitly state exclusions or exemptions, the issuance of ADs generally targets specific aircraft types or aeronautical products identified as requiring corrective action. Furthermore, ADs issued in response to directives from the State of Design, such as the Federal Aviation Administration (FAA) for Boeing 767 aircraft, do not require public consultation or a Regulatory Impact Statement, reflecting the international nature and urgency of airworthiness concerns.
Key Provisions
The Civil Aviation Act 1988 and its associated regulations provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Act allows the Governor-General to make regulations that support the Act and promote the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003.
Under these provisions, the State of Design, which in the case of Boeing 767 aircraft is the United States of America, has the responsibility to ensure the continuing airworthiness of the aircraft type and to provide necessary information to States of Registry. The State of Registry, which is Australia in this context, is responsible for the continuing airworthiness of individual aircraft registered within its territory. When the State of Design issues an AD, CASA must review the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
CASA's obligations under these regulations include the assessment of international ADs to determine their relevance to aircraft registered in Australia, and the issuance of corresponding Australian ADs as required. The ADs are designed to ensure that all aircraft meet the necessary safety standards and are airworthy, thereby fulfilling Australia's obligations under international agreements such as Annex 8 to the Convention on International Civil Aviation.
For breaches of ADs, the Civil Aviation Act 1988 provides for both civil and criminal penalties. Civil penalties can include fines, while serious breaches may result in criminal charges. The maximum penalties can vary depending on the nature and severity of the breach, with potential fines and imprisonment for individuals, and significant fines for corporations. These provisions underscore the importance of compliance with ADs to maintain the safety and airworthiness of aircraft operating within Australia.