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 2008-02-14 affecting Boeing 767 series aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B767/237, which will become effective on 10 April 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 Acting 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, enacted by the Australian Parliament, was introduced to regulate civil aviation and ensure the safety of air navigation within Australia. It empowers the Governor-General to create regulations under section 98, which is in the interest of maintaining the safety of air navigation. This Act, coupled with the Civil Aviation Safety Regulations 1998, enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, as stipulated in regulation 39.001. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, thus classifying them as legislative instruments under section 6 of the Legislative Instruments Act 2003. The overarching policy objective is to harmonise Australia's civil aviation safety regulations with international standards, particularly under Annex 8 of the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These directives, which are legislative instruments, are mandated by the obligations Australia has under the Convention on International Civil Aviation, particularly concerning the State of Design's responsibility for the continuing airworthiness of aircraft types. CASA, as Australia's national airworthiness authority, must assess and, if necessary, issue Australian ADs in response to directives from the relevant State of Design to maintain compliance with international standards. For instance, in the case of the Boeing 767 series aircraft, CASA issued AD/B767/237 in response to an AD issued by the United States Federal Aviation Administration. This process does not require public consultation or a Regulatory Impact Statement, as it is a direct response to international obligations and assessments. The authority to issue these directives is vested in the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, under the Act.
Key Provisions
The Civil Aviation Act 1988, as amended, allows the Governor-General to make regulations for air navigation safety, as per section 98. Under this authority, the Civil Aviation Safety Regulations 1998 were established, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and a legislative instrument under section 6 of the Legislative Instruments Act 2003, as outlined in subregulation 39.001(5). These ADs serve as crucial tools for maintaining the continuing airworthiness of aircraft, ensuring they meet necessary safety standards as per Annex 8 of the Convention on International Civil Aviation.
Entities governed by the Civil Aviation Act 1988, particularly CASA as Australia’s national airworthiness authority, have specific obligations under this legislation. The State of Design of an aircraft type is responsible for its continuing airworthiness, required to provide necessary information to States of Registry. CASA, as the State of Registry, must evaluate this information and, when appropriate, issue an Australian AD to enforce the requirements set by the State of Design. This process ensures that Australian-registered aircraft meet international safety standards and comply with regulations established by the relevant authorities.
The legislation also addresses the issuance of specific ADs. For instance, the United States Federal Aviation Administration (FAA) issued AD 2008-02-14 concerning Boeing 767 series aircraft. As the United States is the State of Design for this aircraft type, CASA assessed the AD and issued Australian AD/B767/237, effective from 10 April 2008. This AD was issued in response to Australia’s obligations under the Convention on International Civil Aviation and in alignment with the AD raised by the FAA. Given that this AD was issued due to international obligations and in response to an AD from the relevant State of Design, no public consultation was required. The Office of Best Practice Regulation determined that such ADs do not necessitate a Regulatory Impact Statement.
For breaches of the Civil Aviation Act 1988 or the associated regulations, including non-compliance with ADs, the legislation stipulates various penalties and consequences. Civil penalties can be imposed for violations, including fines that may vary depending on the severity of the breach. Criminal penalties may also apply for more serious infractions, with maximum penalties specified under the Act. These measures are in place to ensure that airworthiness standards are strictly adhered to, thereby safeguarding the safety of air navigation and the public.