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 73-24-01 affecting Rockwell Commander 112 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/AC-112/17, which will become effective on 25 September 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, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, aims to ensure the safety of air navigation and to regulate the aviation industry in Australia. To facilitate this, the Act empowers the Governor-General to make regulations under section 98, including the issuance of airworthiness directives (ADs) as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that mandate the requirements for maintaining the airworthiness of aircraft types and aeronautical products. The Civil Aviation (Administrative and Ancillary Arrangements) Act 1991 (CAAA Act) further supports this framework by allowing the Civil Aviation Safety Authority (CASA) to issue ADs to comply with international obligations under the Convention on International Civil Aviation. This approach ensures that Australian aircraft meet international safety standards, thereby enhancing the overall safety of air navigation within Australia and aligning with global regulatory practices.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for ensuring the safety of air navigation in Australia, with the Civil Aviation Safety Authority (CASA) playing a key role in implementing these laws. Specifically, under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations for the purposes of the Act, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs are legislative instruments and are made in accordance with the legislative processes outlined in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are intended to ensure the continuing airworthiness of aircraft and are often issued in response to directives from the State of Design of an aircraft type, as mandated by Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, is required to assess information from the State of Design and issue corresponding Australian ADs as necessary, thereby fulfilling Australia’s international obligations and ensuring compliance with safety standards.
Key Provisions
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. Section 98 of the Civil Aviation Act allows the Governor-General to make regulations in the interest of safety, while regulation 39.001 of the Civil Aviation Safety Regulations empowers 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), these ADs are considered disallowable instruments under the Acts Interpretation Act 1901, and therefore, they are legislative instruments as defined by the Legislative Instruments Act 2003.
Under these legislative provisions, CASA, as Australia’s national airworthiness authority, must ensure the continuing airworthiness of aircraft registered in Australia. This includes issuing Australian ADs when the State of Design issues an AD that pertains to aircraft on the Australian Register. This obligation arises from Australia's commitment to the Convention on International Civil Aviation, specifically Annex 8, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type and the provision of necessary information to States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction.
In the case of the Rockwell Commander 112 model aircraft, the US Federal Aviation Administration (FAA) issued AD 73-24-01. As the USA is the State of Design, CASA assessed this directive and subsequently issued Australian AD/AC-112/17. This Australian AD will become effective on 25 September 2008. Given that this AD is a response to an AD from the relevant State of Design and is mandated by international obligations, no consultation with the Australian public was required. The Office of Best Practice Regulation has also determined that ADs do not necessitate a Regulatory Impact Statement.
The AD in question was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act. The Act imposes various obligations on CASA and other relevant entities to ensure compliance with these airworthiness directives, which are critical for maintaining safety standards in civil aviation. Failure to comply with these directives could result in significant safety risks, and CASA has the authority to take enforcement actions against non-compliance.