CIVIL AVIATION ACT 1988
CIVIL AVIATION SAFETY 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 2005-24-04 affecting Boeing Model 767 aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/B767/216, which will become effective on 16 February 2006.
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 Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, 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 governing civil aviation in Australia. The Act empowers the Governor-General to create regulations that ensure the safety of air navigation, as stipulated in section 98. One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. The ADs, which are considered legislative instruments under section 46A of the Acts Interpretation Act 1901, play a crucial role in maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must assess the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
In response to the United States Federal Aviation Administration's AD 2005-24-04 for Boeing Model 767 aircraft, CASA has issued Australian AD/B767/216, effective from 16 February 2006. As this AD is a direct result of Australia's obligations under the Convention on International Civil Aviation and in response to an AD raised by the relevant State of Design, no public consultation was required. The AD was made by the Acting Manager, New Technologies and Systems, on behalf of CASA, in accordance with subsection 84A(2) of the Act. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products, thereby ensuring compliance with safety standards for air navigation. These regulations apply to all entities and individuals involved in the operation, maintenance, and registration of aircraft in Australia, including airlines, aircraft manufacturers, and maintenance organisations. The scope of these regulations extends to the entire national territory of Australia, ensuring that all aircraft registered within the country adhere to the stipulated safety requirements. While the ADs are a legislative instrument, they do not require public consultation or a Regulatory Impact Statement, reflecting their technical nature and the reliance on international standards set by the International Civil Aviation Organization (ICAO). The authority to issue these directives is grounded in Australia’s international obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates that States of Design and Registry collaborate to maintain the continuing airworthiness of aircraft types.
Key Provisions
The Civil Aviation Act 1988 (section 98) grants the Governor-General the authority to create regulations for the Act's purposes, specifically for 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. Subregulation 39.001(5) further clarifies that ADs are disallowable instruments as per section 46A of the Acts Interpretation Act 1901, and thus, they are legislative instruments under section 6 of the Legislative Instruments Act 2003. These provisions establish the legal framework within which CASA operates to ensure the continuing airworthiness of aircraft registered in Australia.
Under these regulations, the State of Design, which is the country responsible for designing a particular type of aircraft, holds the overarching responsibility for the continuing airworthiness of that aircraft type. This state must provide any necessary information to ensure the continuing airworthiness of the aircraft type to the appropriate States of Registry. The State of Registry, in this case, Australia, must then develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. When a State of Design issues an AD, CASA must assess the information provided and, if appropriate, issue an Australian AD to enforce the State of Design's requirements.
The obligations placed on the parties governed by these provisions are significant. The State of Design must ensure the safety and airworthiness of their aircraft designs and communicate necessary information to States of Registry. CASA, as Australia's national airworthiness authority, must assess and, if necessary, mandate the requirements of foreign ADs for aircraft registered in Australia. This ensures that all aircraft operating in Australia meet the necessary safety standards. The State of Registry, Australia, must also ensure the continuing airworthiness of aircraft registered within its jurisdiction by adopting and enforcing relevant ADs.
Breaches of the requirements set out in these regulations can result in various consequences. While specific offences and penalties are not detailed in the provided text, it is reasonable to infer that non-compliance with airworthiness directives could lead to civil or criminal penalties, depending on the severity of the breach. For example, operating an aircraft that does not comply with an AD could result in fines, suspension of the aircraft's certificate of airworthiness, or other regulatory actions. The specific penalties would depend on the nature and extent of the violation, as outlined in the Civil Aviation Act 1988 and related regulations.