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 2008-04-12 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/B767/239, 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 by the Australian Parliament, aims to ensure the safety and efficiency of civil aviation within Australia. The Act provides a comprehensive framework for regulating civil aviation, including provisions for airworthiness, licensing, and safety oversight. The 1988 Act was introduced to address the need for a robust legislative foundation governing civil aviation activities in Australia, ensuring they align with national and international safety standards. One of the key mechanisms under this Act is the issuance of airworthiness directives, which are critical for maintaining the continuing airworthiness of aircraft. These directives are issued by the Civil Aviation Safety Authority (CASA) pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998, ensuring compliance with international obligations under the Convention on International Civil Aviation. This legislative approach helps maintain high safety standards in line with the policy objective of protecting public safety and property in the aviation sector.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Under this Act, the Governor-General has the authority to make regulations that serve the interests of air navigation safety. 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 legislative instruments, as stipulated by the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The application of these ADs extends to ensuring the continuing airworthiness of aircraft registered in Australia, aligning with the obligations of the State of Registry under Annex 8 to the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, must evaluate ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs. This process is exemplified by the issuance of Australian AD/B767/239 in response to the United States Federal Aviation Administration’s AD 2008-04-12 for Boeing 767 series aircraft, reflecting Australia’s commitment to international civil aviation standards.
Key Provisions
The main provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, as detailed in the Explanatory Statement, focus on the issuance and management of airworthiness directives (ADs) to ensure the safety of air navigation. Section 98 of the Act allows the Governor-General to make regulations for air safety, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain aircraft or aeronautical products. Furthermore, subregulation 39.001(5) classifies ADs as disallowable instruments under the Acts Interpretation Act 1901 and as legislative instruments under the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations require CASA to assess any ADs issued by the State of Design and, if deemed necessary, issue corresponding ADs for aircraft registered in Australia. This ensures that Australian aircraft meet the same safety standards as those set by the designing State. Additionally, Annex 8 to the Convention on International Civil Aviation mandates that the State of Design must provide necessary information to the States of Registry to maintain the continuing airworthiness of aircraft types. CASA, as Australia's national airworthiness authority, must ensure compliance with these international standards.
In terms of consequences for non-compliance, the specific offences, penalties, or civil/criminal consequences are not detailed in the provided text. However, generally under the Civil Aviation Act 1988, violations of ADs can result in significant penalties, including fines and potential imprisonment. The precise penalties would depend on the nature and severity of the breach, but they are intended to enforce strict adherence to airworthiness standards to maintain public safety.
The issuance of AD 2008-04-12 by the United States Federal Aviation Administration (FAA) concerning Boeing 767 series aircraft illustrates the process. As the State of Design, the United States issued this AD, which CASA assessed and subsequently issued as Australian AD/B767/239. This directive reflects Australia's commitment to international aviation safety standards and its obligations under the Convention on International Civil Aviation. The Office of Best Practice Regulation has determined that such ADs do not require a Regulatory Impact Statement, streamlining the process without compromising safety.