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 2007-23-08 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/B767/234, 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 in Australia, ensuring the safety of air navigation and the continuing airworthiness of aircraft. The Act empowers the Governor-General to make regulations under section 98, in the interests of safety, and these regulations can include provisions for airworthiness directives (ADs). The Civil Aviation Safety Regulations 1998 further detail the issuance of ADs, which are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The Civil Aviation (Airworthiness Directives) Determination 2008, issued under this framework, addresses the need to comply with international standards set by the Convention on International Civil Aviation, particularly the requirement for States of Design to issue ADs for aircraft types, which States of Registry, like Australia, must then adopt and enforce. The policy objective is to ensure that Australian aircraft meet international safety standards, thereby protecting public safety and maintaining Australia's compliance with global aviation regulations.
Scope and Application
The Civil Aviation Safety Regulations 1998, under 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. These directives are legislative instruments that serve to maintain the safety of air navigation. The ADs are issued in response to obligations under the Convention on International Civil Aviation, specifically Annex 8, which designates the State of Design as having overall responsibility for the continuing airworthiness of aircraft types, requiring them to provide necessary information to States of Registry. The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft and must implement the ADs issued by the State of Design to ensure compliance with airworthiness standards. For instance, CASA has issued Australian AD/B767/234 in response to a United States Federal Aviation Administration AD affecting Boeing 767 model aircraft, reflecting Australia's commitment to international aviation safety standards. Given that these directives are made in response to international obligations and are technical in nature, they do not require public consultation or a Regulatory Impact Statement. The ADs are issued by authorised personnel within CASA, in accordance with the legislative framework provided by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.
Key Provisions
The key sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs). Under section 98 of the Act, the Governor-General has the authority to make regulations aimed at ensuring 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 types of aircraft or aeronautical products. These ADs serve as legislative instruments, subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, respectively.
These provisions impose significant obligations on CASA, the national airworthiness authority in Australia. When a State of Design, such as the United States for Boeing 767 model aircraft, issues an AD, CASA must evaluate the information provided. If necessary, CASA must then issue a corresponding Australian AD to enforce the requirements specified by the State of Design. This process ensures that Australian-registered aircraft meet international standards for airworthiness, aligning with obligations under the Convention on International Civil Aviation, specifically Annex 8.
Non-compliance with ADs can lead to severe consequences. Under section 84A of the Civil Aviation Act 1988, failure to comply with an AD can result in civil and criminal penalties. Civil penalties may include fines, while criminal penalties can encompass imprisonment, reflecting the serious nature of ensuring air safety. The precise penalties are not specified in the provided text, but they are significant enough to enforce adherence to the mandated safety standards.
Although no public consultation is required for ADs issued in response to international obligations, the issuance of these directives must comply with Australian legislative processes. The Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement, streamlining the process without compromising the thorough evaluation of safety requirements. The ADs are issued by authorised personnel within CASA, ensuring that the regulatory framework is applied consistently and effectively.