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 US FAA has issued AD 2007-25-13 affecting Boeing B767-300F series aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B767/238, which will become effective on 8 May 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 to ensure the safety and efficiency of civil aviation in Australia, empowers the Governor-General to create regulations that align with the Act's objectives and the safety of air navigation. This legislation establishes a framework for the regulation of airworthiness, including the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These directives are legislative instruments subject to disallowance and the Legislative Instruments Act 2003. The Civil Aviation Act 1988 responds to the need for a robust regulatory structure that ensures the continuing airworthiness of aircraft, in line with international obligations under the Convention on International Civil Aviation. CASA, as the national airworthiness authority, is tasked with the responsibility of ensuring that Australian aircraft comply with international standards and practices, including the adoption of directives issued by the State of Design.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the legal framework for ensuring the safety of air navigation within Australia, extending to all aircraft registered in Australia and relevant aeronautical products. Under this legislative arrangement, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to mandate safety requirements. These ADs are necessary to uphold Australia's commitment to international standards set by the Convention on International Civil Aviation, particularly concerning the responsibilities of the State of Design and State of Registry for ensuring continuing airworthiness. The ADs issued by CASA, such as AD/B767/238 in response to a US Federal Aviation Administration directive, are legislative instruments subject to disallowance and are made without public consultation due to their alignment with international obligations. The issuance of these directives is executed by authorised CASA officials, ensuring compliance with national and international aviation safety standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish a framework for ensuring the safety of air navigation in Australia. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations that serve the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These ADs are legislative instruments, as specified in subregulation 39.001(5) and in accordance with section 6 of the Legislative Instruments Act 2003. ADs are a primary tool for ensuring the continuing airworthiness of aircraft, mandated under Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these provisions include the requirement for CASA, as Australia's national airworthiness authority, to evaluate any ADs issued by the State of Design (in this case, the United States for Boeing B767-300F series aircraft) and, if necessary, to issue corresponding Australian ADs. The State of Registry, which in Australia is CASA, must ensure the continuing airworthiness of aircraft registered in Australia by adopting or developing requirements that align with international standards. This involves a process of assessment and, when appropriate, the issuance of ADs to mandate specific safety measures. The State of Design, in this instance the US Federal Aviation Administration (FAA), holds the responsibility for providing necessary information to ensure the continuing airworthiness of the aircraft type, and it is CASA's duty to act on this information to maintain safety standards.
Breaches of the requirements set out in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in both civil and criminal consequences. While the specific offences and penalties are not detailed within the given text, non-compliance with airworthiness directives can generally lead to severe penalties. These may include fines, imprisonment, or both, depending on the severity and nature of the breach. Such consequences underscore the importance of adhering to the safety regulations and directives issued by CASA to ensure the safety of air navigation.
It is important to note that ADs, such as the one issued in response to AD 2007-25-13 from the US FAA, do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. The process of issuing such ADs is streamlined to ensure that safety measures are implemented without undue delay, reflecting the priority of safety in civil aviation. The AD in question was made by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in compliance with subsection 84A(2) of the Act, ensuring that the directive adheres to the legal framework established by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.