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 2008-22-06 affecting Boeing 767 model aircraft. The United States is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B767/248, which will become effective on
15 January 2009.
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 Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to ensure the safety and efficiency of air navigation within Australia, including the regulation of civil aviation and the establishment of airworthiness standards. Under section 98 of this Act, the Governor-General is empowered to make regulations that pertain to the Act, particularly focusing on the safety of air navigation. These regulations, including those concerning the issuance of airworthiness directives, are instrumental in maintaining the high safety standards required for civil aviation. The Civil Aviation Safety Regulations 1998 further elaborate on these provisions, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specified aircraft or aeronautical products. The authority to issue these directives is grounded in Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type, necessitating that such states provide necessary information to the States of Registry. In response to such international obligations, CASA issues Australian airworthiness directives to enforce the requirements set by the State of Design, ensuring compliance and maintaining safety standards as mandated 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 specific types of aircraft or aeronautical products in accordance with the Civil Aviation Act 1988. These ADs are legislative instruments and serve to ensure the continuing airworthiness of aircraft registered in Australia, aligning with international obligations under the Convention on International Civil Aviation. The ADs are issued in response to directives from the State of Design, with CASA assessing and, if necessary, issuing corresponding Australian ADs to enforce the necessary safety requirements. This process is integral to Australia's commitment to international civil aviation standards and ensures that Australian registered aircraft meet global safety benchmarks. The ADs do not require public consultation or a Regulatory Impact Statement, as they are directly linked to international obligations and the assessment of corresponding foreign directives.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to establish regulations that ensure the safety of air navigation. These regulations include the Civil Aviation Safety Regulations 1998 (regulation 39.001), which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Section 39.001(5) of these regulations specifies that an AD is a disallowable instrument, making it a legislative instrument under section 6 of the Legislative Instruments Act 2003. This legislative framework is designed to align with Annex 8 of the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type.
Under these regulations, the State of Design must provide necessary information to the States of Registry to ensure continuing airworthiness. The State of Registry, in this case CASA as Australia's national airworthiness authority, has the responsibility to assess this information and, if appropriate, issue an Australian AD to enforce the requirements set by the State of Design. For example, the United States, as the State of Design for the Boeing 767 model aircraft, issued AD 2008-22-06. CASA assessed this directive and issued Australian AD/B767/248, which is set to become effective on 15 January 2009.
Entities governed by these provisions are required to comply with the ADs issued by CASA. This includes adhering to the specific maintenance, inspection, or operational requirements outlined in the ADs. Failure to comply with an AD can lead to serious safety risks and may result in severe consequences for both the aircraft operator and CASA. The ADs are intended to maintain the highest safety standards, and non-compliance can jeopardise the airworthiness certification of the aircraft, leading to potential grounding or other enforcement actions.
Breaches of the Civil Aviation Safety Regulations 1998 can result in both civil and criminal consequences. Civil penalties can include fines up to a maximum of $222,200 for individuals and $1,111,100 for corporations, as outlined in section 83 of the Act. Criminal penalties can include imprisonment for up to two years for individuals and fines for corporations that can be significantly higher, depending on the severity of the breach. These stringent measures underscore the importance of adhering to airworthiness directives and the critical role they play in maintaining aviation safety standards.