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 United States FAA has issued AD 89-08-08 affecting Boeing 737 model aircraft. The United States is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/B737/272, which will become effective on 19 January 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, New Technologies and Systems, 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 address the need for comprehensive regulation of civil aviation safety in Australia, ensuring that air navigation safety is prioritised. Under the authority of this Act, the Governor-General is empowered to make regulations for the Act's purposes, specifically in the interest of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further delineates the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified aircraft or aeronautical products, thus ensuring that the safety standards are maintained and enforced. This legislative framework ensures that Australia adheres to its obligations under international conventions, such as Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of aircraft types. Consequently, when a State of Design issues an AD, CASA must evaluate and, if necessary, issue a corresponding Australian AD to enforce the required safety measures.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, establish the framework for the issuance of airworthiness directives (ADs) that govern the continuing airworthiness of aircraft types and aeronautical products in Australia. These ADs are legislative instruments, and their issuance is a critical mechanism for ensuring that Australian aviation standards align with international safety requirements. Specifically, regulation 39.001 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for particular kinds of aircraft or aeronautical products, thereby fulfilling Australia's commitments under the Convention on International Civil Aviation, particularly through Annex 8 which delineates responsibilities for the continuing airworthiness of aircraft types. The ADs issued by CASA are a direct response to directives from the State of Design, ensuring that Australian aircraft meet international safety standards. This regulatory approach does not necessitate public consultation or a Regulatory Impact Statement, as it is based on international obligations and expert assessment. CASA’s role as Australia’s national airworthiness authority is pivotal in interpreting and implementing these directives, ensuring that the safety and operational standards of aircraft registered in Australia remain consistent with global best practices.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to make regulations that ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 then allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments as per section 6 of the Legislative Instruments Act 2003 and can be disallowed under section 46A of the Acts Interpretation Act 1901. Subregulation 39.001(5) further clarifies that ADs fall under this category.
Under these regulations, the State of Design has the primary responsibility for the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation. This means that the country where the aircraft was designed must provide necessary information to ensure the ongoing airworthiness of the aircraft type. The State of Registry, on the other hand, is responsible for the airworthiness of individual aircraft. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements set by the State of Design.
In this context, the United States Federal Aviation Administration (FAA) issued AD 89-08-08 concerning Boeing 737 model aircraft. As the United States is the State of Design for these aircraft types, CASA assessed the AD and subsequently issued Australian AD/B737/272, effective from 19 January 2006. Given that this AD is a response to Australia's obligations under the Convention on International Civil Aviation and the AD issued by the relevant State of Design, no public consultation was conducted in Australia regarding this directive. Additionally, the Office of Regulatory Review has determined that such ADs do not require a Regulatory Impact Statement.
The AD was made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office on behalf of CASA, in accordance with subsection 84A(2) of the Act. This process ensures that any necessary measures are implemented promptly and effectively to maintain air safety standards.