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 2008-06-06 affecting Boeing B767 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B767/240, which will become effective on 5 June 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, Airframes 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 Parliament of Australia, serves to ensure the safety of air navigation in Australia. It empowers the Governor-General to make regulations in the interest of safety, which includes the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, being legislative instruments, mandate the continuing airworthiness of aircraft and aeronautical products. The Civil Aviation Safety Authority (CASA) is responsible for assessing and issuing ADs, particularly when they are required due to international obligations under the Convention on International Civil Aviation. This process ensures that Australia meets its international commitments while maintaining stringent safety standards. The ADs do not require public consultation or a Regulatory Impact Statement, and are issued in accordance with the legislative framework provided by the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. This authority is exercised in accordance with section 98 of the Civil Aviation Act 1988, which mandates that regulations be made for the safety of air navigation. These ADs, as specified in subregulation 39.001(5), are considered disallowable instruments under the Acts Interpretation Act 1901, and thus fall under the purview of the Legislative Instruments Act 2003 as legislative instruments. The geographic and jurisdictional reach of these regulations is national, applying to all aircraft and aeronautical products registered in Australia. This is consistent with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design retains overall responsibility for the continuing airworthiness of an aircraft type, necessitating the provision of relevant information to the States of Registry, including Australia. CASA, as Australia’s national airworthiness authority, is thus tasked with ensuring that Australian-registered aircraft comply with these directives, issuing corresponding ADs as necessary. The process for issuing these directives is stringent, involving thorough assessment of information from the State of Design, and no public consultation is required as these measures are implemented in line with international obligations.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to establish regulations that support the Act and ensure the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory framework is designed to maintain the highest safety standards in the aviation industry. Moreover, subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 classifies an AD as a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thereby making it a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions are significant. The State of Design, which is the country where the aircraft type is designed, has the overarching responsibility for ensuring the continuing airworthiness of that aircraft type, in accordance with Annex 8 to the Convention on International Civil Aviation. This includes providing necessary information to States of Registry to maintain the aircraft’s airworthiness. The State of Registry, typically the country where the aircraft is registered, must develop or adopt specific requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction. When an AD is issued by the State of Design, such as the United States for a Boeing B767 model aircraft, CASA, as Australia's national airworthiness authority, is obligated to assess this directive. If deemed appropriate, CASA must issue a corresponding Australian AD to enforce the requirements set by the State of Design.
In the event of a breach of the regulations outlined in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, various offences and penalties may apply. Although specific penalties are not detailed in the provided text, the overarching regulatory framework suggests that non-compliance with ADs could lead to severe consequences. These may include civil penalties for failure to comply with airworthiness requirements, potentially affecting the safety certifications of aircraft. Additionally, criminal charges could be pursued for more egregious violations, with the potential for substantial fines and imprisonment, depending on the severity and impact of the non-compliance. The regulatory authority, CASA, would be responsible for enforcing these provisions and imposing the appropriate penalties.