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 2009-18-02 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/B767/253, which will become effective on 19 November 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 Initial Airworthiness in the Airworthiness and 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 comprehensive framework for the regulation of civil aviation within Australia, addressing the need for a unified legislative approach to ensure the safety and efficiency of air navigation. The Act empowers the Governor-General to create regulations aimed at safeguarding air navigation, with a focus on airworthiness and safety standards. Complementing the Act, the Civil Aviation Safety Regulations 1998 further detail the regulatory requirements, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The ADs, as legislative instruments under the Legislative Instruments Act 2003, are integral to maintaining the continuing airworthiness of aircraft as stipulated by the Convention on International Civil Aviation. CASA's role in issuing Australian ADs in response to directives from the aircraft's State of Design, such as the recent Australian AD/B767/253 following the US FAA's AD 2009-18-02, underscores Australia's commitment to international aviation safety standards.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This authority is exercised under regulation 39.001 of the Civil Aviation Safety Regulations 1998, and any AD issued is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus a legislative instrument according to section 6 of the Legislative Instruments Act 2003. The ADs are a manifestation of Australia's commitment to international standards, particularly those outlined in Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness of an aircraft type on the State of Design, while the State of Registry must implement the necessary requirements to ensure the ongoing airworthiness of individual aircraft. In response to the US Federal Aviation Administration’s AD 2009-18-02 concerning Boeing B767 model aircraft, CASA has issued its own AD/B767/253, which will take effect on 19 November 2009, reflecting Australia’s obligations under international conventions and the directives of the aircraft's State of Design.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. This regulatory power is exercised in accordance with international standards set by Annex 8 to the Convention on International Civil Aviation, where the State of Design (in this case, the United States for Boeing B767 model aircraft) has the responsibility to ensure the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry.
Obligations under these regulations require CASA to assess any ADs issued by the State of Design and, if appropriate, issue corresponding Australian ADs to mandate the requirements for the aircraft registered in Australia. For example, in response to the US Federal Aviation Administration (FAA) issuing AD 2009-18-02 for Boeing B767 model aircraft, CASA issued Australian AD/B767/253. This process ensures that Australian aircraft comply with international safety standards. The State of Registry, which in this context is Australia, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction.
In terms of consequences for non-compliance, breaching an AD can lead to significant civil and criminal penalties. Under the Civil Aviation Act 1988, non-compliance with an AD can result in fines and potential imprisonment. The maximum penalties for contravening an AD can include substantial fines and imprisonment terms, which underscore the importance of adhering to these safety directives. The regulatory framework is designed to ensure that all parties involved—whether they are aircraft operators, maintenance personnel, or regulatory authorities—understand their obligations to maintain airworthiness standards and the serious consequences of failing to do so.