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. An AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901.
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 issued AD 90-21-09, affecting Boeing 747 aircraft in 1990. The United States is the State of Design for this type. CASA has amended the equivalent Australian AD to AD/B747/119 Amdt 1. The amended AD, AD/B747/119 Amendment 1, will become effective on 17 February 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 - 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, enacted by the Australian Parliament, governs the regulation of civil aviation within Australia, addressing the need for comprehensive safety standards and regulatory frameworks to ensure the safe operation of aircraft. The Act empowers the Governor-General to establish regulations under section 98, aligning with the interests of air navigation safety. The Civil Aviation Safety Regulations 1998 further delineate the processes by which airworthiness directives (ADs) can be issued by the Civil Aviation Safety Authority (CASA), reflecting the international obligations under the Convention on International Civil Aviation, particularly concerning the continuing airworthiness of aircraft. The policy objective of this legislation is to harmonise Australian civil aviation practices with international standards, thereby ensuring the highest safety and regulatory compliance.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Regulations 1998, establishes a framework for ensuring the safety of air navigation in Australia. Under this legislation, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve as a critical tool for maintaining the continuing airworthiness of aircraft and ensuring compliance with safety standards as set out by the Convention on International Civil Aviation. The ADs are issued under regulation 39.001 of the Civil Aviation Safety Regulations 1998, with CASA, as the national airworthiness authority, playing a pivotal role in evaluating and implementing directives issued by the aircraft's State of Design. This process is integral to fulfilling Australia's international obligations and ensuring the safety of aircraft registered in Australia. The application of ADs is governed by the jurisdictional scope of the Civil Aviation Act 1988, which encompasses all aircraft registered within Australia, irrespective of their location or operational jurisdiction. This ensures a uniform approach to airworthiness across the nation. While the issuance of ADs is a statutory requirement under the Act, the specific details and implementation of these directives are subject to the oversight and direction of CASA, reflecting a balance between national regulatory standards and international safety protocols.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to enact regulations that are essential for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further clarifies that the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments as per section 46A of the Acts Interpretation Act 1901. Such directives are instrumental in maintaining the continuing airworthiness of aircraft types, ensuring they meet necessary safety standards.
These airworthiness directives are issued under the auspices of Annex 8 to the Convention on International Civil Aviation, which delineates the responsibilities of the State of Design and the State of Registry. The State of Design, which in the case of Boeing 747 aircraft is the United States, holds the primary responsibility for the ongoing airworthiness of a particular aircraft type and must furnish any required information to ensure such airworthiness. On the other hand, the State of Registry, which is responsible for individual aircraft, must establish or adopt regulations to maintain the continuing airworthiness of those aircraft. For Australian-registered aircraft, CASA, as the national airworthiness authority, must evaluate any ADs issued by the State of Design and, if necessary, issue a corresponding Australian AD to enforce the required measures.
Under the Civil Aviation Act 1988, CASA, acting on behalf of Australia, has issued AD/B747/119 Amendment 1 in response to the US FAA's AD 90-21-09, which affects Boeing 747 aircraft. This AD mandates compliance with the safety measures outlined in the directive and will become effective on 17 February 2005, replacing the previous AD. Given that this AD is a direct response to an international obligation under the Convention on International Civil Aviation, no public consultation has been conducted. Additionally, the Office of Regulatory Review has determined that such ADs do not require a Regulatory Impact Statement.
The AD was formulated by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, in accordance with subsection 84A(2) of the Act. This legislative framework imposes clear obligations on CASA to ensure that Australian-registered aircraft comply with international safety standards, thus maintaining the integrity and safety of air navigation. The issuance of ADs is critical in ensuring that aircraft meet stringent safety requirements, and failure to comply with these directives can result in severe consequences, including potential grounding of the aircraft or legal penalties.