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 United States FAA has issued AD 2005-01-13 affecting Boeing 767-300 aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B767/207, 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 Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. One of the mechanisms introduced under this Act is the issuance of airworthiness directives (ADs) to maintain the safety standards of aircraft and aeronautical products. These directives are mandated under regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowering the Civil Aviation Safety Authority (CASA) to issue such directives. This legislative framework is designed to align with the international obligations under the Convention on International Civil Aviation, particularly Annex 8, which places responsibility for continuing airworthiness on the State of Design and requires the State of Registry to ensure the ongoing safety of individual aircraft. The introduction of ADs aims to address the need for consistent and effective measures to maintain airworthiness standards, ensuring that Australian aircraft meet both national and international safety requirements.
Scope and Application
The Civil Aviation Act 1988 applies to entities and individuals involved in civil aviation within Australia, including aircraft operators, manufacturers, and maintenance organisations. The Act empowers the Governor-General to make regulations in the interest of air navigation safety, with the Civil Aviation Safety Regulations 1998 specifying the procedures and requirements for issuing airworthiness directives (ADs). ADs are legislative instruments issued by the Civil Aviation Safety Authority (CASA) to ensure the continuing airworthiness of aircraft registered in Australia. The geographic reach of this Act and its regulations extends to all aircraft within Australian jurisdiction, regardless of the aircraft's State of Design. The Act mandates that CASA, as Australia's national airworthiness authority, must issue Australian ADs in response to ADs issued by the State of Design, ensuring compliance with international standards as set out in Annex 8 of the Convention on International Civil Aviation. Any AD issued under this Act is subject to disallowance and review, but no public consultation is required as these directives are issued in response to international obligations and pre-existing foreign ADs.
Key Provisions
The Civil Aviation Act 1988 and the associated Civil Aviation Regulations 1998 outline the framework for the issuance of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to establish regulations for the Act, particularly focusing on air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further specifies that the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for specific types of aircraft or aeronautical products. The ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA, as Australia’s national airworthiness authority, to ensure the continuing airworthiness of aircraft on the Australian Register. When the State of Design, such as the United States in the case of Boeing 767-300 aircraft, issues an AD, CASA must evaluate the information and, if necessary, issue a corresponding Australian AD. This is mandated under Annex 8 of the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness of an aircraft type on the State of Design, and requires States of Registry to adopt or develop requirements ensuring the airworthiness of aircraft.
There are no explicit provisions within the text regarding offences, penalties, or consequences for non-compliance with ADs. However, it is implied that failure to adhere to these directives could result in serious safety implications and potential regulatory action by CASA. The absence of a Regulatory Impact Statement for ADs, as determined by the Office of Regulatory Review, suggests that the focus is on ensuring swift and effective compliance to maintain air safety standards. The ADs are issued by CASA in accordance with subsection 84A(2) of the Civil Aviation Act 1988, reflecting the regulatory authority and responsibility vested in CASA to enforce airworthiness standards.