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 US FAA has issued AD 2005-16-06 affecting B747 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B747/334, which will become effective on 27 October 2005.
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 ensure the safety and efficiency of civil aviation in Australia, addressing the need for regulatory oversight and the establishment of safety standards within the industry. The Civil Aviation Safety Regulations 1998, which are made under the authority of the Act, provide the regulatory framework governing the issuance of airworthiness directives (ADs). These regulations enable the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products, ensuring compliance with international standards and enhancing the overall safety of air navigation. The policy objective underpinning these regulations is to maintain and improve the safety of civil aviation through rigorous oversight and adherence to internationally recognised standards, as stipulated by the Convention on International Civil Aviation. This approach ensures that Australian aviation practices align with global safety requirements, thereby safeguarding both domestic and international air travel.
Scope and Application
The Civil Aviation Act 1988, as augmented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, ensuring compliance with international safety standards. Under these legislative instruments, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific kinds of aircraft or aeronautical products to maintain airworthiness, thereby upholding the safety of air navigation as mandated by the Act. These ADs are legislative instruments, and their issuance by CASA is crucial for maintaining the continuing airworthiness of aircraft registered in Australia, particularly in response to directives issued by the State of Design, such as the United States Federal Aviation Administration (FAA) for Boeing 747 models. The scope of these regulations applies to all aircraft registered in Australia, and they are designed to align with international obligations under the Convention on International Civil Aviation. Notably, ADs do not require public consultation or a Regulatory Impact Statement, as they are issued in response to international safety directives.
Key Provisions
The Civil Aviation Act 1988, as amended, empowers the Governor-General to enact regulations for the safety of air navigation, as specified in section 98. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as defined in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are thus legislative instruments as per section 6 of the Legislative Instruments Act 2003.
Under these regulations, the State of Design holds the primary responsibility for ensuring the continuing airworthiness of an aircraft type, as outlined in Annex 8 of the Convention on International Civil Aviation. This includes providing necessary information to States of Registry to maintain airworthiness. Conversely, the State of Registry is tasked with ensuring the ongoing airworthiness of individual aircraft, and must establish or adopt requirements to this end. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA, as the national airworthiness authority, must review the information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
For instance, the US Federal Aviation Administration (FAA) has issued AD 2005-16-06 concerning B747 model aircraft, with the USA as the State of Design. CASA has evaluated this AD and issued Australian AD/B747/334, effective from 27 October 2005. Given Australia’s obligations under the Convention on International Civil Aviation and the need to respond to the State of Design’s AD, no public consultation was undertaken for this AD. Moreover, the Office of Regulatory Review has determined that such ADs do not necessitate a Regulatory Impact Statement.
The AD was formulated by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office on behalf of CASA, in compliance with subsection 84A(2) of the Act. The obligations imposed by these regulations require CASA to thoroughly assess and respond to ADs issued by the State of Design, ensuring that any Australian ADs issued reflect and mandate the necessary safety requirements. Failure to comply with these ADs may result in serious safety risks and potential regulatory consequences for the aircraft operators and owners, as CASA enforces the mandated requirements to maintain airworthiness standards.