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. 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 French DGAC has issued AD UF-2005-041 affecting Dassault Falcon 10 aircraft. France is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/AMD 10/25, which will become effective on 8 March 2005.
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 - Systems, 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 regulate civil aviation in Australia, focusing on the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. The Civil Aviation Safety Regulations 1998, under section 39.001, further allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These directives are legislative instruments, as defined under the Legislative Instruments Act 2003. The ADs play a crucial role in ensuring the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation, which assigns responsibility to the State of Design for the type and the State of Registry for individual aircraft. CASA, as Australia's national airworthiness authority, is tasked with assessing information from foreign ADs and issuing corresponding Australian ADs when necessary.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Regulations 1998 apply to all entities and persons involved in civil aviation within Australia, including aircraft manufacturers, operators, and maintenance providers. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations that ensure the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are considered legislative instruments and must comply with the Legislative Instruments Act 2003. The application of ADs is further governed by international standards under Annex 8 to the Convention on International Civil Aviation, which delineates responsibilities between the State of Design and the State of Registry for maintaining the airworthiness of aircraft types. In this context, CASA, as Australia's national airworthiness authority, is obligated to issue corresponding Australian ADs when necessary, in response to directives from the relevant State of Design, without the need for public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations in the interest of air navigation safety. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. It is essential to note that an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is recognised as a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design bears the primary responsibility for the continuing airworthiness of an aircraft type, which includes providing necessary information to the relevant States of Registry to ensure the aircraft's continued airworthiness. In practice, ADs are a common form of such information and are issued by most International Civil Aviation Organization (ICAO) Contracting States. The State of Registry of an individual aircraft is tasked with ensuring the aircraft's ongoing airworthiness, developing or adopting necessary requirements as outlined in Annex 8. When the State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must assess the information and, if appropriate, issue an Australian AD to enforce the State of Design's requirements.
The French Directorate General for Civil Aviation (DGAC) issued AD UF-2005-041 affecting Dassault Falcon 10 aircraft, with France being the State of Design. CASA assessed this AD and subsequently issued Australian AD/AMD 10/25, which took effect on 8 March 2005. Given that this AD is issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD raised by the relevant State of Design, no public consultation has occurred. The Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement.
Under the Civil Aviation Act 1988, the issuance of ADs is a formal process carried out by CASA, with the AD/AMD 10/25 being made by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act. The ADs themselves lay down specific requirements or modifications that must be adhered to by the aircraft operators to maintain the aircraft's airworthiness. Failure to comply with these directives can result in severe consequences, including potential grounding of the aircraft until the required actions are taken, which could affect operations, safety, and compliance with international standards.