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 2005-07-13 affecting Boeing 767 model aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/B767/210, 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 - 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 comprehensive legal framework for the regulation of civil aviation in Australia, addressing various aspects of air navigation safety and operational standards. The Act empowers the Governor-General to make regulations for the Act's purposes, particularly focusing on the safety of air navigation. One of its key provisions is the issuance of airworthiness directives (ADs), as detailed in the Civil Aviation Safety Regulations 1998. ADs are legislative instruments that mandate specific actions to ensure the continuing airworthiness of aircraft, developed in line with the obligations under the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. This process ensures that Australia meets its international obligations and maintains safety standards consistent with those of other ICAO Contracting States. The ADs are issued by CASA, which acts as the national airworthiness authority, often in response to directives issued by the aircraft's State of Design.
Scope and Application
The Civil Aviation Regulations 1998, under the Civil Aviation Act 1988, apply to all persons and entities involved in the operation of aircraft within Australia, including both domestic and international flights. The Act provides the framework for the regulation of civil aviation in Australia, with a particular focus on safety. The Act and its regulations extend to all aircraft registered in Australia and to aircraft that are operated in Australian airspace. This includes aircraft types designed in other countries, where the State of Registry is responsible for ensuring compliance with airworthiness directives issued by the State of Design. The issuance of airworthiness directives (ADs) is governed by regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to mandate specific safety measures for types of aircraft or aeronautical products. ADs are considered legislative instruments, and their issuance is based on international obligations under the Convention on International Civil Aviation, particularly the responsibility of the State of Design to ensure continuing airworthiness. In the case of international ADs, such as AD 2005-07-13 issued by the United States FAA for Boeing 767 aircraft, CASA is required to assess and, if necessary, issue corresponding Australian ADs, as demonstrated by the issuance of AD/B767/210. The process of issuing such ADs does not require public consultation, and they are exempt from the need for a Regulatory Impact Statement. The ADs are made by authorised personnel within CASA, in accordance with the legislative framework provided by the Act.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 focus on the issuance and enforcement of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. An AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and it is considered a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
These provisions impose several obligations and requirements on CASA and other parties involved. CASA, as the national airworthiness authority, must assess airworthiness directives issued by the State of Design, which is the country responsible for the design of the aircraft. If an AD is issued by a State of Design that affects aircraft registered in Australia, CASA is required to evaluate the directive and, if necessary, issue an Australian AD to mandate the same requirements. This ensures that Australian aircraft meet the necessary safety standards and comply with international obligations under the Convention on International Civil Aviation. Additionally, the State of Registry for each aircraft is responsible for ensuring the continuing airworthiness of those aircraft, which includes implementing any relevant ADs.
Failure to comply with the requirements of an AD can result in significant legal consequences. The Act does not explicitly outline specific offences, penalties, or consequences for non-compliance with ADs, but non-compliance with aviation regulations generally can lead to enforcement actions by CASA. Such actions may include fines, suspension or revocation of airworthiness certificates, and other regulatory penalties. Furthermore, operators who fail to comply with an AD may face criminal charges if their actions are deemed to constitute a breach of the Civil Aviation Act 1988, potentially leading to substantial fines and imprisonment. These measures are in place to ensure that all parties adhere to the stringent safety standards necessary for the aviation industry.