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 2006-12-06 affecting Boeing model 737, 747 and 767 series aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/B737/288, AD/B747/346, and AD/B767/224, which will become effective on 3 August 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, enacted by the Australian Parliament, governs the regulation of civil aviation within Australia. This legislation was introduced to ensure the safety of air navigation and provide a legal framework for the regulation of civil aviation. In line with this objective, the Civil Aviation Safety Regulations 1998 were established, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as stipulated under regulation 39.001. These ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and regulation as per the Legislative Instruments Act 2003. The ADs are issued to maintain the continuing airworthiness of aircraft, a responsibility shared between the State of Design and the State of Registry, in accordance with Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, must assess and, if necessary, issue Australian ADs in response to those issued by the relevant State of Design.
Scope and Application
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments and play a crucial role in ensuring the continuing airworthiness of aircraft registered in Australia. The scope of the ADs extends to all types of aircraft and aeronautical products registered within Australia, mandating compliance with safety regulations to maintain airworthiness. The geographic reach of these regulations is national, encompassing all aircraft registered in Australia, irrespective of their origin or the country in which they were designed or manufactured. Importantly, the ADs are issued in response to directives from the State of Design, as per the requirements of Annex 8 to the Convention on International Civil Aviation, and no public consultation is required for their issuance as they are considered a fulfilment of international obligations. This regulatory framework ensures that aircraft operating in Australian airspace adhere to stringent safety standards, thereby safeguarding the integrity of the nation's civil aviation system.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. Pursuant to this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD, as per subregulation 39.001(5), is a disallowable instrument under the Acts Interpretation Act 1901 and is classified as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations are significant. The State of Design, as defined under Annex 8 to the Convention on International Civil Aviation, holds the primary responsibility for the continuing airworthiness of an aircraft type, including the provision of necessary information to ensure its airworthiness to the States of Registry. In Australia, CASA, as the national airworthiness authority, must review ADs issued by the State of Design and, if deemed appropriate, issue corresponding Australian ADs to enforce the requirements stipulated by the State of Design. This process ensures that Australian-registered aircraft meet international safety standards.
The implications of failing to comply with these regulations can be severe. While the specific penalties are not detailed in the provided text, non-compliance with airworthiness directives generally leads to significant civil and criminal consequences. Aircraft operators and owners are legally obligated to adhere to ADs to maintain the airworthiness of their aircraft. Breaches may result in the grounding of non-compliant aircraft, fines, and potential criminal charges for individuals or entities responsible for the oversight and management of the aircraft.
It is also noteworthy that the Office of Regulatory Review has determined that ADs, such as the one issued in response to FAA's AD 2006-12-06, do not require a Regulatory Impact Statement. This AD, issued for Boeing model 737, 747, and 767 series aircraft, was assessed by CASA and resulted in the issuance of Australian ADs (AD/B737/288, AD/B747/346, and AD/B767/224) effective from 3 August 2006. Given the international obligations under the Convention on International Civil Aviation, no public consultation was necessary for this AD, and it was made by the Manager, New Technologies and Systems, in CASA’s Manufacturing, Certification and New Technologies Office, in accordance with subsection 84A(2) of the Act.