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 European Aviation Safety Authority (EASA) has issued AD 2006-0113 affecting Dassault Falcon 900EX model aircraft. EASA acts on behalf of France, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/AMD 50/37, which will become effective on 28 September 2006.
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 Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of aircraft within Australia. Section 98 of the Act allows the Governor-General to enact such regulations in the interests of air navigation safety, while regulation 39.001 specifically grants CASA the authority to issue ADs for particular types of aircraft or aeronautical products. This legislative framework addresses the need to maintain and ensure the continuing airworthiness of aircraft by aligning with international standards, particularly those set forth in Annex 8 to the Convention on International Civil Aviation. The ADs are considered legislative instruments under the Legislative Instruments Act 2003. The policy objective is to ensure that all aircraft registered in Australia meet the necessary safety standards by adopting and enforcing directives issued by the relevant State of Design, as mandated by international agreements and CASA's responsibilities as the national airworthiness authority.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, outlines the mechanisms for ensuring the safety of air navigation in Australia. Specifically, regulation 39.001 of these Regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. Such ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901, and are subject to the provisions of the Legislative Instruments Act 2003. This legislative framework mandates that CASA, as Australia's national airworthiness authority, must assess and, if appropriate, issue Australian ADs to ensure compliance with international standards, particularly those set by the State of Design under Annex 8 of the Convention on International Civil Aviation. The application of these ADs extends to all aircraft within Australia's jurisdiction, ensuring that the continuing airworthiness of these aircraft aligns with both national and international safety standards. Notably, while ADs are not subject to public consultation or a Regulatory Impact Statement, they are crafted by CASA officials in accordance with the statutory provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations for the safety of air navigation, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This authority is further clarified by subregulation 39.001(5), which states that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and, consequently, a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
Under the Convention on International Civil Aviation, particularly Annex 8, the State of Design is tasked with the overarching responsibility for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. The State of Registry, in turn, must establish or adopt requirements to maintain the continuing airworthiness of individual aircraft. Therefore, when the State of Design issues an AD, CASA must evaluate the information and, if deemed appropriate, issue an Australian AD to enforce the requirements of the State of Design. For instance, the European Aviation Safety Authority (EASA), acting on behalf of France as the State of Design for the Dassault Falcon 900EX model aircraft, issued AD 2006-0113. CASA has evaluated this AD and subsequently issued Australian AD/AMD 50/37, which is set to become effective on 28 September 2006.
The ADs are issued in accordance with Australia's obligations under the Convention on International Civil Aviation and in response to ADs issued by the relevant State of Design. Because of the nature of these obligations and the immediacy of the safety concerns, no public consultation has been conducted on this specific AD. The Office of Regulatory Review has also determined that such ADs do not necessitate a Regulatory Impact Statement. The AD was made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The obligations imposed by this legislation require CASA to carefully assess and respond to ADs issued by the State of Design. CASA must ensure that any Australian ADs issued comply with the requirements of the Civil Aviation Safety Regulations 1998 and align with international safety standards. Failure to comply with these obligations can result in significant consequences, including the potential for aircraft to be deemed unairworthy, which could lead to grounding of the aircraft and legal ramifications for the operators and manufacturers involved. Furthermore, CASA must ensure that all stakeholders, including aircraft operators and manufacturers, are adequately informed of the ADs and their implications, thereby facilitating timely compliance.