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 2006-08-04 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/B767/223, which will become effective on 6 July 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 provide a comprehensive legal framework for civil aviation in Australia, addressing the need for robust safety regulations and effective oversight of air navigation and aircraft operations. The Act empowers the Governor-General to make regulations in the interests of air navigation safety, and under this authority, the Civil Aviation Safety Regulations 1998 were established. One significant aspect of these regulations is the ability to issue airworthiness directives (ADs), which are legislative instruments aimed at maintaining the continuing airworthiness of aircraft. The Civil Aviation Safety Authority (CASA) issues these directives in accordance with international obligations, such as those outlined in Annex 8 to the Convention on International Civil Aviation, which places responsibility for the continuing airworthiness of aircraft types with the State of Design and requires States of Registry to ensure compliance with these standards. In the case of the Boeing 767 model aircraft, CASA issued Australian AD/B767/223 in response to an AD from the United States Federal Aviation Administration, reflecting Australia’s commitment to international aviation safety standards.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 outline the regulatory framework governing the issuance of airworthiness directives (ADs) in Australia, focusing on ensuring the safety of air navigation. Under this legislative structure, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs concerning specific types of aircraft or aeronautical products to maintain airworthiness standards. These directives are legislative instruments and are subject to disallowance. The ADs serve to fulfil international obligations under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design for a particular aircraft type, such as the United States for Boeing 767 models, must provide necessary information to ensure the continuing airworthiness of those types. Consequently, CASA must assess these international ADs and, if deemed necessary, issue corresponding Australian ADs to enforce the required safety measures. For instance, in response to the FAA's AD 2006-08-04, CASA issued Australian AD/B767/223. Notably, given the international nature of these directives, no public consultation has been conducted, and the Office of Regulatory Review has determined that these ADs do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to establish regulations aimed at enhancing the safety of air navigation. These regulations can include the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD is a legislative instrument that is subject to disallowance and scrutiny under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These directives are critical for ensuring that specific types of aircraft or aeronautical products meet the necessary safety standards.
Under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is mandated to issue ADs when required by the State of Design, which is responsible for the continuing airworthiness of an aircraft type. The State of Registry, which is responsible for the individual aircraft, must also develop or adopt requirements to maintain the airworthiness of these aircraft. When a State of Design issues an AD, CASA must evaluate the information and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that Australian aircraft comply with international safety standards.
The obligations imposed by the Civil Aviation Safety Regulations 1998 on CASA and the State of Registry include the rigorous assessment and implementation of ADs. CASA must thoroughly evaluate the ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs. The State of Registry must also ensure that the aircraft under its registry comply with all ADs, maintaining their airworthiness and safety standards. These obligations are essential for upholding the safety and regulatory standards set forth by international conventions such as Annex 8 to the Convention on International Civil Aviation.
Failure to comply with ADs can result in serious consequences. Civil and criminal penalties may apply for non-compliance with airworthiness directives. The specific penalties can vary, but they can include fines and, in severe cases, imprisonment. The Civil Aviation Safety Regulations 1998 do not detail specific maximum penalties; however, under the broader legislative framework, penalties can be significant, reflecting the critical importance of adhering to airworthiness requirements.