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 issued AD 2009-19-07, affecting Boeing 727 model aircraft, in 2009. The United States is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to correct a typographical error. The amended AD, AD/CON/90 Amendment 1, will become effective on 19 November 2009. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Future Technology and Regulatory Trends in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation and ensure the safety and efficiency of air navigation within Australia. The Act empowers the Governor-General to make regulations, including airworthiness directives (ADs), under section 98, to safeguard the interests of air navigation safety. The Civil Aviation Safety Regulations 1998 further delegate authority to the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001. This legislative framework is designed to uphold international standards and ensure the continuing airworthiness of aircraft registered in Australia, aligning with obligations under the Convention on International Civil Aviation. The ADs, being legislative instruments under the Legislative Instruments Act 2003, mandate compliance with safety requirements set by the State of Design and the State of Registry.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) to ensure the safety of air navigation in Australia. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products, thereby establishing mandatory requirements to maintain the continuing airworthiness of aircraft registered in Australia. This process aligns with Australia's obligations under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of aircraft types, necessitating that the State of Registry, in this case CASA, assess and implement such directives as appropriate. The ADs are legislative instruments and, as such, are subject to disallowance and are not required to undergo public consultation or a Regulatory Impact Statement. This regulatory framework ensures that Australian aviation standards remain consistent with international safety protocols, reflecting the collaborative nature of global civil aviation oversight.
Key Provisions
The Civil Aviation Act 1988, particularly under section 98, authorises the Governor-General to create regulations that are essential for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5) of the same regulations, an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus it is also a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by this Act on the parties and entities it governs include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type and to provide necessary information to the States of Registry, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA, must then assess the information provided by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This ensures that the aircraft remain airworthy and compliant with international safety standards.
There are no specific offences, penalties, or consequences for breach detailed in this text. However, in general, failing to comply with an AD can result in serious safety risks and potential penalties for non-compliance, including fines and legal action, which could extend to criminal charges in severe cases. The maximum penalties would be determined by the specific provisions of the Civil Aviation Act 1988 and related regulations. The emphasis here is on the importance of adherence to the ADs to maintain safety and regulatory compliance in civil aviation.