CIVIL AVIATION ACT 1988
CIVIL AVIATION 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. An AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901.
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 issued AD 94-16-05, affecting Boeing 767 aircraft, in 1994. The USA is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to update references to documentation specified in the AD. The amended AD, AD/B767/81 Amendment 1, will become effective on 17 February 2005. This AD cancels and replaces the previous issue.
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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to address the need for comprehensive regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. It provides the legal framework for the establishment and operation of the Civil Aviation Safety Authority (CASA), which is tasked with overseeing the safety of air navigation and the continuing airworthiness of aircraft. The Act was introduced by the Australian Parliament to meet the international obligations under the Convention on International Civil Aviation and to maintain a high standard of safety in Australian civil aviation. The policy objective of the Act is to safeguard the public by ensuring the highest possible level of safety in civil aviation through stringent regulatory measures. The Civil Aviation Regulations 1998 complement the Act by providing detailed rules and procedures, including the issuance of airworthiness directives, which are essential for maintaining the safety standards of aircraft in operation.
Scope and Application
The Civil Aviation Act 1988 and Civil Aviation Regulations 1998 govern the issuance of airworthiness directives (ADs) in Australia, establishing a framework for ensuring the safety of aircraft and aeronautical products. Under these legislative instruments, the Civil Aviation Safety Authority (CASA) can issue ADs for specified kinds of aircraft or aeronautical products to ensure compliance with airworthiness standards. These ADs are critical in maintaining the continuing airworthiness of aircraft registered in Australia, aligning with the obligations under the Convention on International Civil Aviation and the responsibilities of the State of Registry and State of Design. The ADs are intended to address safety concerns and are issued in response to directives from the State of Design, as seen with the amendment to AD/B767/81 Amendment 1, which updates references to documentation specified in the AD issued by the US Federal Aviation Administration for Boeing 767 aircraft. These directives are subject to specific regulatory processes and do not require public consultation or a Regulatory Impact Statement. The ADs are issued by CASA under the authority of the Act and the Regulations, ensuring alignment with international standards and obligations.
Key Provisions
The key provisions of the Civil Aviation Regulations 1998, particularly concerning the issue of airworthiness directives (ADs), are outlined in section 39.001. This regulation empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. The authority to issue these directives stems from section 98 of the Civil Aviation Act 1988, allowing the Governor-General to make regulations for the safety of air navigation. ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, which means they can be reviewed and potentially disallowed by Parliament.
The obligations imposed by these regulations include the responsibility of the State of Design to provide necessary information to ensure the continuing airworthiness of an aircraft type, as stipulated under Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA as Australia's national airworthiness authority, must then assess this information and, if appropriate, issue an Australian AD to enforce the requirements set by the State of Design. For example, in the case of Boeing 767 aircraft, CASA amended the Australian AD following a request from the industry to update documentation references specified in the AD issued by the US Federal Aviation Administration (FAA).
The consequences of non-compliance with these ADs can be significant. The Civil Aviation Act 1988 and the Civil Aviation Regulations 1998 outline both civil and criminal penalties for breaches. Civil penalties may include fines, and in more serious cases, criminal penalties may be imposed, which can result in imprisonment. The exact penalties are not specified in the provided text but generally depend on the severity and impact of the non-compliance on aviation safety. The regulatory framework ensures that all parties involved adhere to the highest safety standards to maintain the integrity of air navigation.