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 has issued AD 88-21-03R1 affecting Beoing 767 aeroplanes. The United States is the State of Design for these aeroplanes. CASA has assessed this AD and has issued Australian AD/B767/220, which will become effective on 11 May 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 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 establish a comprehensive legal framework governing civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation within the country and beyond. As a foundational piece of legislation, it empowers the Governor-General to create regulations in the interest of aviation safety, thereby enabling regulatory bodies like the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as stipulated under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and are critical for maintaining the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). The policy objective is to align Australian aviation safety practices with global standards, ensuring that Australian aircraft meet necessary safety requirements as mandated by the State of Design and adopted by the State of Registry.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, which stem from the Civil Aviation Act 1988, govern the issuing of airworthiness directives by the Civil Aviation Safety Authority (CASA). These regulations apply to all aircraft and aeronautical products registered in Australia, ensuring that they meet specific safety standards. CASA has the authority to issue these directives under regulation 39.001, which mandates the authority to ensure the continuing airworthiness of aircraft types. The scope of this legislation extends to entities such as aircraft manufacturers, operators, and owners who must comply with the issued directives. These directives serve as legislative instruments under the Legislative Instruments Act 2003 and are influenced by international obligations, particularly those outlined in Annex 8 of the Convention on International Civil Aviation. Geographic reach is national, as CASA enforces compliance within Australia in accordance with international standards. While the Act and its regulations apply broadly, specific exclusions or exemptions are not detailed in the explanatory statement, and the application of these directives may be extended or restricted through subordinate instruments as necessary.
Key Provisions
The Civil Aviation Act 1988 provides the legislative framework under which the Civil Aviation Safety Regulations 1998 operate, particularly in relation to airworthiness directives (ADs). Under section 98 of the Act, the Governor-General is empowered to make regulations for the safety of air navigation, and regulation 39.001 of the Regulations grants the Civil Aviation Safety Authority (CASA) the authority to issue ADs for specific types of aircraft or aeronautical products. These directives, as outlined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are therefore legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA and other entities are significant. The State of Design, which in this case is the United States for Boeing 767 aeroplanes, is responsible for ensuring the continuing airworthiness of the aircraft type and must provide necessary information to the State of Registry. The State of Registry, represented by CASA in Australia, must then assess this information and, if necessary, issue an Australian AD to ensure compliance with the requirements set forth by the State of Design. In the specific case of AD 88-21-03R1 from the United States, CASA has assessed and issued Australian AD/B767/220, which is set to take effect on 11 May 2006.
The implications of failing to comply with the ADs issued under the Civil Aviation Safety Regulations 1998 are severe. Non-compliance can lead to significant safety risks and potential breaches of international obligations under the Convention on International Civil Aviation. While the Act does not explicitly state penalties for non-compliance, violations can result in civil or criminal sanctions, including fines and imprisonment, as prescribed under other relevant legislation, such as the Civil Aviation Act 1988 and the Crimes Act 1914. The severity of these penalties underscores the importance of adhering to the ADs to maintain the high safety standards required in civil aviation.