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 2008-09-05 affecting Boeing B747 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/B747/376, which will become effective on 5 June 2008.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted to ensure the safety and efficiency of air navigation within Australia, empowers the Governor-General to establish regulations that safeguard air navigation. This Act serves to provide a comprehensive legal framework that addresses various aspects of civil aviation, including the issuance of airworthiness directives. The Civil Aviation Safety Regulations 1998, under regulation 39.001, further elaborate on the authority of the Civil Aviation Safety Authority (CASA) to issue such directives for specific aircraft or aeronautical products. The objective of these regulations is to maintain the highest standards of airworthiness, ensuring the safety of air navigation and compliance with international conventions, particularly Annex 8 to the Convention on International Civil Aviation. The process involves CASA assessing directives issued by the State of Design and, where necessary, issuing corresponding Australian airworthiness directives to uphold these safety standards. This legislative framework is instrumental in fulfilling Australia's international obligations and ensuring the continuing airworthiness of aircraft registered within the country.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the framework for ensuring the safety of air navigation in Australia. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These directives are crucial for maintaining the continuing airworthiness of aircraft registered in Australia, aligning with the responsibilities of States of Design and States of Registry under Annex 8 to the Convention on International Civil Aviation. As a legislative instrument, ADs must adhere to the requirements set out in the Legislative Instruments Act 2003. For instance, CASA issued AD/B747/376 in response to an AD issued by the US Federal Aviation Administration concerning Boeing B747 model aircraft, reflecting Australia's commitment to international safety standards. Given the international nature of such directives and their technical basis, these instruments are typically issued without public consultation, and the Office of Best Practice Regulation has determined that they do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations to ensure the safety of air navigation. This broad authority allows for the establishment of specific rules and mandates through instruments such as the Civil Aviation Safety Regulations 1998. Regulation 39.001 within these safety regulations specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs serve as critical instruments in maintaining the safety and airworthiness of aircraft within Australia.
Under regulation 39.001(5) of the Civil Aviation Safety Regulations 1998, ADs are classified as disallowable instruments, in accordance with section 46A of the Acts Interpretation Act 1901. This classification further solidifies their status as legislative instruments under section 6 of the Legislative Instruments Act 2003. The ADs are instrumental in ensuring that aircraft remain airworthy, and they form part of the international framework established by Annex 8 to the Convention on International Civil Aviation. The State of Design, which in this case is the United States, has the primary responsibility for the continuing airworthiness of the aircraft type and must provide necessary information to ensure safety across all States of Registry, including Australia.
The obligations imposed by these regulations require CASA, as Australia's national airworthiness authority, to carefully evaluate any ADs issued by the State of Design. If an AD is deemed necessary, CASA must issue a corresponding Australian AD to mandate the safety requirements. For instance, in the case of AD 2008-09-05 issued by the US Federal Aviation Administration (FAA) concerning Boeing B747 aircraft, CASA has assessed the directive and issued Australian AD/B747/376, effective from 5 June 2008. This obligation ensures that Australian aircraft meet international safety standards and remain compliant with the requirements of the Convention on International Civil Aviation.
The ADs issued under these regulations are not subject to public consultation, as they are mandated by international obligations and respond to directives from the relevant State of Design. The Office of Best Practice Regulation has determined that such ADs do not require a Regulatory Impact Statement, streamlining the process for issuing necessary safety directives. The AD is formally created by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988. This legal framework ensures that any safety concerns are addressed swiftly and effectively, maintaining the high standards of airworthiness required for safe aviation practices.