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 USA FAA has issued AD 2005-14-07 affecting Boeing 727, 727C, 727-100, 727-100C, 727-200 and 727-200F aircraft. USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B727/201, which will become effective on 13 April 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 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, ensuring safety and efficiency within the industry. It empowers the Governor-General to create regulations in the interests of air navigation safety, with the Civil Aviation Safety Regulations 1998 serving as a primary instrument under this Act. One critical component of these regulations is the ability to issue airworthiness directives (ADs) under regulation 39.001, which are legislative instruments subject to disallowance and review. The Civil Aviation (Administrative Arrangements) Order 2016 mandates that the Civil Aviation Safety Authority (CASA) act as the national airworthiness authority, responsible for issuing ADs that align with international standards set by the International Civil Aviation Organization (ICAO). This legislative framework ensures that Australia meets its international obligations and maintains high safety standards in civil aviation, while CASA plays a pivotal role in issuing and enforcing ADs to mandate the continuing airworthiness of aircraft.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives in Australia to ensure the safety of air navigation. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue these directives for certain types of aircraft or aeronautical products. An airworthiness directive, as defined under subregulation 39.001(5), is a disallowable instrument under the Acts Interpretation Act 1901 and, therefore, constitutes a legislative instrument. This legislative framework applies to the State of Design, which holds the primary responsibility for the continuing airworthiness of an aircraft type, and to the State of Registry, which must ensure the ongoing airworthiness of individual aircraft registered within its jurisdiction. In the case of the USA as the State of Design for Boeing 727 aircraft types, CASA, as Australia’s national airworthiness authority, is mandated to assess the issued ADs and, if necessary, issue corresponding Australian ADs. The ADs do not require public consultation or a Regulatory Impact Statement, reflecting their alignment with international obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for ensuring the safety of air navigation. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to create regulations in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as noted in subregulation 39.001(5), are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and must comply with the Legislative Instruments Act 2003.
Airworthiness directives are integral to maintaining the safety standards of aircraft. Under Annex 8 of the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure the ongoing airworthiness of that type. The State of Registry, which is responsible for the continuing airworthiness of individual aircraft, must develop or adopt requirements to uphold these standards. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
For instance, the USA Federal Aviation Administration (FAA) has issued AD 2005-14-07 for certain Boeing 727 models. As the State of Design, the USA is responsible for this AD, and CASA has evaluated the directive, resulting in the issuance of Australian AD/B727/201, effective from 13 April 2006. Because this AD is a response to international obligations and an AD from the relevant State of Design, no public consultation has taken place. Additionally, the Office of Regulatory Review has concluded that such ADs do not require a Regulatory Impact Statement.
Under the Civil Aviation Act 1988, 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. These provisions and the associated regulations ensure that the continuing airworthiness of aircraft is managed effectively, maintaining high safety standards in the aviation industry.