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 2005-06-10 affecting Boeing Model 767 aircraft. USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B767/209, which will become effective on 9 June 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 - 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 was enacted to regulate civil aviation in Australia and ensure the safety of air navigation, among other objectives. This Act provides the legal framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Act allows the Governor-General to make regulations for the Act’s purposes, with the overarching goal of ensuring the safety of air navigation. CASA is empowered under the Civil Aviation Safety Regulations 1998 to issue ADs concerning aircraft or aeronautical products, in line with international obligations under the Convention on International Civil Aviation. This legislative process ensures that Australia meets its commitments under international agreements, allowing CASA to issue directives such as AD/B767/209 in response to international safety directives, without the need for public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives are legislative instruments as defined under the Legislative Instruments Act 2003. The ADs are crucial for maintaining the continuing airworthiness of aircraft and are issued by the State of Design and adopted or mandated by the State of Registry, such as CASA in Australia. This regulatory framework is designed to comply with Annex 8 to the Convention on International Civil Aviation, which delineates the responsibilities of the State of Design and State of Registry regarding airworthiness. The scope of these regulations applies to any aircraft or aeronautical product registered in Australia, as well as to any entity or individual involved in the operation or maintenance of such aircraft. The ADs are not subject to public consultation or the requirement for a Regulatory Impact Statement as they are issued in response to international obligations and specific design-related safety concerns. The regulations extend to ensuring the safety and compliance of civil aviation activities within Australia, aligning with international standards set by the International Civil Aviation Organization (ICAO).
Key Provisions
The Civil Aviation Act 1988 (section 98) grants the Governor-General the authority to create regulations that serve the Act's purpose and ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, as they are disallowable instruments as per section 46A of the Acts Interpretation Act 1901.
CASA, as Australia's national airworthiness authority, is mandated to ensure the continuing airworthiness of aircraft registered in Australia. When a State of Design issues an AD against a type of aircraft registered in Australia, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the State of Design's requirements. This process ensures that Australian aircraft maintain the highest safety standards. The State of Registry, which is Australia in this case, is ultimately responsible for the continuing airworthiness of its registered aircraft, and must establish or adopt requirements to uphold this responsibility.
In accordance with Annex 8 of the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type. They must provide all necessary information to the appropriate States of Registry to ensure the safety of the aircraft. ADs are the primary means through which this information is disseminated and are issued by most ICAO Contracting States, including the United States, which is the State of Design for the Boeing Model 767.
For instance, the Federal Aviation Administration (FAA) has issued AD 2005-06-10 concerning Boeing Model 767 aircraft. CASA, assessing this AD, has issued Australian AD/B767/209, effective from 9 June 2005. Given that this AD is a response to an international obligation and an AD issued by the relevant State of Design, there was no requirement for public consultation or a Regulatory Impact Statement. The AD was issued by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in line with subsection 84A(2) of the Act.
Breach of the provisions of an AD can result in significant legal consequences. Operators failing to comply with an AD may face enforcement actions by CASA, which could include fines, suspension, or revocation of airworthiness certificates, and potential criminal charges. The severity of these consequences underscores the critical importance of adhering to ADs to maintain aviation safety.