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 2007-02-18 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/B767/228, which will become effective on 15 March 2007.
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 ensure the safety and efficiency of civil aviation in Australia. The Act empowers the Governor-General to make regulations that serve the interests of air navigation safety. One such 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. These directives are considered legislative instruments under the Legislative Instruments Act 2003. The Civil Aviation Act 1988 and its associated regulations, including ADs, aim to ensure the continuing airworthiness of aircraft and align with international standards set by the Convention on International Civil Aviation. This legislative framework facilitates CASA’s role in assessing and implementing ADs issued by States of Design, ensuring compliance with international obligations and maintaining the safety standards of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, ensuring that the safety of air navigation is maintained through regulatory oversight. Under the authority conferred by the Act, the Governor-General has the power to create regulations for air navigation safety, and regulation 39.001 specifically empowers CASA to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments as they are disallowable under the Acts Interpretation Act 1901 and are regulated by the Legislative Instruments Act 2003. The ADs are mandated by international obligations under Annex 8 to the Convention on International Civil Aviation, which places the responsibility of continuing airworthiness on the State of Design and requires them to provide necessary information to the States of Registry. The State of Registry must then adopt or develop requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. This framework ensures that Australian aviation authorities can respond to ADs issued by foreign authorities, such as the United States FAA, by assessing and issuing corresponding Australian ADs, as exemplified by AD/B767/228 issued in response to the FAA’s AD 2007-02-18 for Boeing 767 aircraft. These ADs are issued without public consultation and do not require a Regulatory Impact Statement, reflecting their technical nature and the international obligations that underpin them.
Key Provisions
The Civil Aviation Act 1988 allows the Governor-General to create regulations for air navigation safety (section 98), and the Civil Aviation Safety Regulations 1998 permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products (regulation 39.001). An AD is a legislative instrument, disallowable under section 46A of the Acts Interpretation Act 1901 and governed by the Legislative Instruments Act 2003 (subregulation 39.001(5)). The State of Design, responsible for an aircraft type’s continuing airworthiness, must provide necessary information to the State of Registry under Annex 8 of the Convention on International Civil Aviation. The State of Registry is tasked with ensuring the aircraft’s continuing airworthiness by adopting or developing relevant requirements.
Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, CASA must evaluate ADs issued by the State of Design and issue corresponding Australian ADs when necessary. This ensures compliance with international standards and maintains safety in Australian airspace. The United States Federal Aviation Administration (FAA) issued AD 2007-02-18 for Boeing 767 aircraft, and CASA, after assessment, issued Australian AD/B767/228, effective from 15 March 2007. Since this AD aligns with Australia’s international obligations and responds to an AD from the relevant State of Design, there was no requirement for public consultation or a Regulatory Impact Statement. The AD was made by the Manager, New Technologies and Systems, in CASA’s Manufacturing, Certification and New Technologies Office, in accordance with section 84A(2) of the Act.
The Civil Aviation Safety Regulations 1998 establish clear obligations for CASA and the States of Design and Registry. CASA must promptly review and, if necessary, implement Australian ADs based on ADs from the State of Design. The State of Design must provide timely and accurate information to ensure the continuing airworthiness of aircraft types, while the State of Registry must adopt or develop appropriate requirements to maintain aircraft airworthiness. These regulations ensure a coordinated international approach to airworthiness, enhancing safety and compliance with international standards.
Failure to comply with ADs can lead to severe consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in significant penalties. These may include substantial fines and potential criminal charges for individuals or corporations. The maximum penalties are determined by the severity of the breach and can include imprisonment for individuals, reflecting the critical importance of adhering to airworthiness directives. Ensuring compliance is essential for maintaining safety standards and avoiding legal repercussions.