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 USA FAA issued AD 2002-24-51, affecting Boeing 737 aircraft, in 2002. The USA is the State of Design for the Boeing 737-600, -700, -700C, 800 and 900 types. As a result of a request from industry, CASA has amended the equivalent Australian AD to Amendment 1. The amended AD, AD/B737/202 Amendment 1, will become effective on 23 June 2005. 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Section Head - Airframes, 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 ensure the safety of air navigation and provides the legislative framework for the regulation of civil aviation in Australia. Under this Act, the Governor-General has the authority to make regulations, including issuing airworthiness directives, as per section 98, for the purposes of the Act. The Civil Aviation Safety Regulations 1998 further detail the process, allowing the Civil Aviation Safety Authority (CASA) to issue these directives for specific kinds of aircraft or aeronautical products. The policy objective is to ensure the continuing airworthiness of aircraft in alignment with international standards and obligations under the Convention on International Civil Aviation. The issuance of airworthiness directives, such as the one concerning Boeing 737 aircraft, is a direct response to the responsibilities of the State of Design and the State of Registry to maintain the safety and airworthiness of aircraft.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, applies to all aircraft operating in Australia, including those registered in Australia and foreign aircraft operating within Australian airspace. Specifically, under regulation 39.001, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) which serve as legislative instruments for ensuring the safety and airworthiness of aircraft types and aeronautical products. These directives are crucial for maintaining compliance with international standards set by the Convention on International Civil Aviation, particularly Annex 8, which places the responsibility for continuing airworthiness on the State of Design and the State of Registry. For example, in the case of Boeing 737 aircraft types designed by the USA, CASA must issue corresponding Australian ADs to enforce the safety requirements mandated by the USA. This legislative framework ensures that Australia's aviation safety standards are aligned with international obligations and practices.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Act empowers the Governor-General to make regulations for air navigation safety, and regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific aircraft or aeronautical products. An AD is a disallowable instrument under the Acts Interpretation Act 1901 and is considered a legislative instrument according to the Legislative Instruments Act 2003.
These ADs are instrumental in ensuring the continuing airworthiness of aircraft types and individual aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the airworthiness of an aircraft type and must provide necessary information to States of Registry. Consequently, CASA, as Australia's national airworthiness authority, must evaluate this information and, if required, issue an Australian AD to enforce the State of Design's requirements. Additionally, the State of Registry of an individual aircraft bears the responsibility for ensuring the aircraft's continuing airworthiness, necessitating the development or adoption of appropriate requirements.
The process of issuing an AD is illustrated by the case of AD 2002-24-51, issued by the USA Federal Aviation Administration (FAA) in 2002 for Boeing 737 aircraft. Given that the USA is the State of Design for certain Boeing 737 models, CASA amended the corresponding Australian AD to Amendment 1, now referred to as AD/B737/202 Amendment 1. This AD became effective on 23 June 2005, replacing the previous version. Due to Australia's obligations under the Convention on International Civil Aviation and the requirement to respond to an AD issued by the relevant State of Design, no public consultation was conducted on this AD. Furthermore, the Office of Regulatory Review has concluded that ADs do not necessitate a Regulatory Impact Statement.
The issuance of an AD is governed by section 84A(2) of the Act, with the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, responsible for the creation of the AD. The ADs issued under this framework serve to maintain safety standards in civil aviation, ensuring that both aircraft types and individual aircraft meet the necessary airworthiness criteria.