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 2007-16-18 affecting Boeing 767 model aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B767/231, which will become effective on 25 October 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch, 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 framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. In line with this, the Civil Aviation Safety Regulations 1998 were introduced to provide detailed safety standards and requirements for aircraft, personnel, and operations. One of the mechanisms through which these regulations are implemented is the issuance of airworthiness directives (ADs), which serve as a critical tool for maintaining the continuing airworthiness of aircraft. This is particularly important given Australia's obligations under the Convention on International Civil Aviation, which mandates that the State of Design maintains responsibility for an aircraft type’s airworthiness, while the State of Registry ensures the airworthiness of individual aircraft within its jurisdiction. CASA, as Australia's national airworthiness authority, is tasked with assessing and, if necessary, issuing ADs to mandate the requirements of the State of Design, ensuring compliance with international safety standards.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, establishes the framework for ensuring the safety of air navigation in Australia. The Act grants the Governor-General the authority to make regulations necessary for the safety of air navigation, and under regulation 39.001, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance and oversight under the Legislative Instruments Act 2003. The application of these ADs is rooted in international obligations under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of aircraft types and requires States of Registry to adopt measures ensuring the airworthiness of aircraft within their jurisdiction. Consequently, when the United States Federal Aviation Administration (FAA) issues an AD, such as AD 2007-16-18 for Boeing 767 model aircraft, CASA is mandated to assess and, if necessary, issue a corresponding Australian AD to ensure compliance with international standards. The AD process in Australia is thus intricately linked to international cooperation and obligations, and it does not require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. The AD is issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch of CASA, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 provides the legislative framework for the regulation of civil aviation in Australia. Under section 98, the Governor-General has the authority to make regulations necessary for the safety of air navigation. This power is exercised through the Civil Aviation Safety Regulations 1998, which include provisions for the issuance of airworthiness directives (ADs). Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations under these regulations require CASA to act upon ADs issued by the State of Design, which is the country where the aircraft type is designed. The State of Design holds the primary responsibility for ensuring the continuing airworthiness of the aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation. When an AD is issued by the State of Design, CASA must assess this information to ensure it meets Australian safety standards. If deemed appropriate, CASA must issue its own AD to mandate the requirements of the State of Design. The State of Registry, which is Australia in this context, is also responsible for the continuing airworthiness of individual aircraft. This involves developing or adopting necessary requirements to maintain airworthiness, in accordance with Annex 8.
Failure to comply with the ADs can result in significant consequences. Under the Civil Aviation Act 1988, non-compliance with an AD is an offence. Such offences may lead to civil penalties, including fines, as well as criminal penalties if the breach is deemed serious enough. The exact penalties can vary depending on the nature and severity of the breach but can include substantial fines and potential imprisonment. It is crucial for operators and owners of affected aircraft to adhere to these directives to avoid legal repercussions and ensure the safety of air navigation.