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 2008-09-07 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/B767/243, which will become effective on 20 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, 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 establish a regulatory framework for civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, including the issuance of airworthiness directives (ADs) as stipulated in the Civil Aviation Safety Regulations 1998. The problem this legislation addresses is the need for standardised and effective measures to maintain the continuing airworthiness of aircraft registered in Australia, in line with international obligations under the Convention on International Civil Aviation. The policy objective is to ensure that aircraft maintain their airworthiness in accordance with globally recognised standards, thus safeguarding the safety of air navigation. The Civil Aviation Safety Authority (CASA), as Australia's national airworthiness authority, is responsible for assessing international ADs and issuing corresponding Australian ADs where necessary.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, authorise the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) for specific types of aircraft or aeronautical products. These directives serve to ensure the continuing airworthiness of aircraft registered in Australia, aligning with obligations under the Convention on International Civil Aviation. The State of Design, in this case, the United States for Boeing 767 series aircraft, is responsible for issuing ADs pertaining to the design of the aircraft, while CASA, as Australia's national airworthiness authority, is tasked with assessing these directives and issuing corresponding Australian ADs when necessary. The issuance of such directives is governed by Annex 8 to the Convention on International Civil Aviation, which mandates that States of Design provide essential information to States of Registry to maintain airworthiness. Consequently, the issuance of Australian ADs is a legislative instrument, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and is made in accordance with the Legislative Instruments Act 2003. No public consultation is required for these ADs as they are issued in response to international obligations and corresponding ADs from the relevant State of Design.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to create regulations that serve the safety of air navigation, with section 39.001 of the Civil Aviation Safety Regulations 1998 detailing the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) for particular types of aircraft or aeronautical products. An AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is classified as a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The State of Design, as per Annex 8 to the Convention on International Civil Aviation, bears the primary responsibility for the continuing airworthiness of a particular aircraft type, including providing necessary information to the States of Registry to ensure compliance. In the context of Australia, when a State of Design issues an AD, CASA must evaluate this information and, if necessary, issue a corresponding Australian AD to enforce the requirements of the State of Design. For instance, in response to the United States FAA's AD 2008-09-07 concerning Boeing 767 series aircraft, CASA issued Australian AD/B767/243, which took effect on 20 June 2008.
Given that this AD is a direct response to Australia's international obligations under the Convention on International Civil Aviation and was issued based on an AD from the relevant State of Design, no public consultation was required. The Office of Best Practice Regulation has confirmed that such ADs do not necessitate a Regulatory Impact Statement. The AD was issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, in compliance with subsection 84A(2) of the Act.
The obligations imposed by these regulations are clear: CASA must rigorously evaluate any ADs issued by the State of Design and subsequently issue corresponding Australian ADs as necessary. This ensures that all aircraft within the Australian Register comply with the necessary safety standards. Failure to adhere to these requirements can result in significant safety risks and potential breaches of international aviation standards. The Act does not specify particular offences or penalties for non-compliance with ADs; however, non-compliance with aviation regulations generally can lead to severe consequences, including fines, imprisonment, or both, depending on the severity of the breach.