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 2007-23-09 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/B767/233, which will become effective on 14 February 2008.
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 regulate civil aviation within Australia, ensuring the safety and efficiency of air navigation. One of the mechanisms provided by the Act is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which is Australia’s national airworthiness authority. The policy objective of these ADs is to mandate safety measures for specific types of aircraft and aeronautical products, ensuring compliance with international standards and obligations under the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 further outline the regulatory framework for ADs, including their status as legislative instruments. This regulatory approach enables CASA to respond swiftly to safety concerns identified by the State of Design, as exemplified by the issuance of Australian AD/B767/233 in response to a United States Federal Aviation Administration directive affecting Boeing 767 model aircraft.
Scope and Application
The Civil Aviation Safety Regulations 1998, pursuant to the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, aiming to uphold the safety of air navigation. These ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and are subject to the Legislative Instruments Act 2003. In line with Annex 8 of the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA as Australia's national airworthiness authority, ensures compliance with these directives. For example, following the United States Federal Aviation Administration’s AD 2007-23-09 for Boeing 767 model aircraft, CASA issued Australian AD/B767/233, effective from 14 February 2008, without public consultation due to its alignment with international obligations. This process underscores the international coordination and regulatory alignment necessary for maintaining global aviation safety standards.
Key Provisions
The Civil Aviation Act 1988 provides the legal framework for airworthiness directives (ADs) under section 98, which allows the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments as per section 6 of the Legislative Instruments Act 2003 and are subject to disallowance under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require CASA to ensure the continuing airworthiness of aircraft registered in Australia. Under Annex 8 to the Convention on International Civil Aviation, the State of Design (in this case, the United States) is responsible for the continuing airworthiness of the aircraft type and must provide necessary information to the States of Registry. In Australia, CASA, as the national airworthiness authority, must assess this information and, if appropriate, issue an Australian AD to implement the requirements of the State of Design.
The Civil Aviation Safety Regulations 1998 also outline the process for issuing ADs in response to international obligations and the requirements of the State of Design. For instance, CASA issued Australian AD/B767/233 in response to the United States FAA’s AD 2007-23-09 affecting Boeing 767 model aircraft. Since this AD is issued due to Australia’s obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, no public consultation is required. The Office of Best Practice Regulation has also determined that ADs do not require a Regulatory Impact Statement.
There are civil and criminal consequences for non-compliance with airworthiness directives. Under section 123 of the Civil Aviation Act 1988, any person who contravenes an AD commits an offence. The maximum penalties for these offences can include fines and imprisonment, with the specific penalties varying depending on the nature and severity of the offence. CASA has the authority to enforce compliance with ADs, and failure to comply can result in significant legal and financial repercussions for the individuals or entities involved.