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 US FAA issued AD 86-22-11, affecting Boeing 767 aircraft, in 1986. The USA is the State of Design for this type. As a result of a request from industry, CASA has amended the equivalent Australian AD to update references to Boeing Service Bulletins specified in the AD. The amended AD, AD/B767/15 Amendment 2, 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 - 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 provide a legal framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives to mandate safety standards and ensure the continuing airworthiness of aircraft. The Civil Aviation Regulations 1998 further detail these directives, enabling CASA to address safety issues promptly and effectively. The policy objective underpinning these regulations is to uphold the highest safety standards in line with international obligations, particularly those set forth by the Convention on International Civil Aviation. The Act and Regulations aim to harmonise Australian aviation safety practices with global standards, thereby protecting public safety and maintaining Australia's reputation in international aviation.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) in the interests of safety within the national airspace. These ADs apply to specific types of aircraft and aeronautical products, mandating compliance with the safety standards set by the State of Design and, where necessary, by the State of Registry. The ADs are regulatory tools designed to ensure that aircraft remain airworthy, and their issuance is a direct responsibility of CASA, acting as Australia’s national airworthiness authority. The regulations extend to all aircraft registered in Australia and are consistent with international standards as outlined in Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as the entity responsible for the continuing airworthiness of aircraft types. This legislative framework does not require public consultation for ADs issued in response to international directives, as they are considered essential to maintaining consistent safety standards globally. The ADs are subordinate instruments under the Civil Aviation Act and are subject to disallowance under the Acts Interpretation Act 1901.
Key Provisions
The Civil Aviation Act 1988, particularly under section 98, empowers the Governor-General to enact regulations that are in the interests of the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs serve as enforceable instructions to ensure the continuing airworthiness of aircraft, and they are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901.
In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design holds primary responsibility for the ongoing airworthiness of an aircraft type, and must provide necessary information to the appropriate States of Registry to maintain airworthiness. ADs represent a common form of continuing airworthiness information, issued by most International Civil Aviation Organization (ICAO) Contracting States. The State of Registry, which is responsible for the individual aircraft's continuing airworthiness, must develop or adopt requirements to ensure airworthiness as per Annex 8. When the State of Design issues an AD for a type of aircraft on the Australian Register, CASA must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design.
For instance, the US Federal Aviation Administration (FAA) issued AD 86-22-11, which concerns Boeing 767 aircraft, in 1986. Given that the USA is the State of Design for this aircraft type, and in response to a request from industry, CASA amended the equivalent Australian AD to update references to Boeing Service Bulletins specified in the AD. The amended AD, AD/B767/15 Amendment 2, will take effect on 17 February 2005 and replaces the previous issue. Because this AD is issued in response to an AD raised by the relevant State of Design and in accordance with Australia's obligations under the Convention on International Civil Aviation, no consultation of the Australian public was required. Additionally, the Office of Regulatory Review has determined that ADs do not necessitate 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. CASA is required to ensure that the ADs issued are in line with international standards and obligations, thereby maintaining the safety and airworthiness of aircraft operating within Australia. Failure to comply with these ADs may result in severe penalties, including fines and potential criminal charges, reflecting the seriousness of non-compliance with aviation safety regulations.