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 issued AD 2000-17-06 affecting B767 aircraft. The United States is the State of Design for this aircraft type. As a result of a request from industry, CASA has amended the equivalent Australian AD to AD/B767/173 Amendment 1. The amended AD will become effective on 23 January 2008. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems in the Airworthiness Engineering Branch, 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 of air navigation in Australia. This legislation provides the framework for the regulation of civil aviation, including the issuance of airworthiness directives (ADs) to ensure that aircraft remain airworthy. Pursuant to section 98 of the Act, the Governor-General has the authority to make regulations for the purposes of the Act, with a focus on the safety of air navigation. The Civil Aviation Safety Regulations 1998, specifically regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. The ADs are considered legislative instruments under the Legislative Instruments Act 2003. The State of Design, which is the country responsible for the design of an aircraft type, has the responsibility under Annex 8 to the Convention on International Civil Aviation to ensure the continuing airworthiness of the aircraft type and must provide necessary information to the State of Registry. The State of Registry is responsible for the continuing airworthiness of individual aircraft and must develop or adopt requirements to ensure compliance. The ADs are a common form of continuing airworthiness information issued by International Civil Aviation Organization (ICAO) Contracting States, including Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to entities involved in the design, manufacture, maintenance, and operation of aircraft within Australia and on the Australian aircraft register. These regulations establish the framework under which airworthiness directives (ADs) can be issued to ensure the safety and continuing airworthiness of aircraft types. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products, which are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. The ADs are mandated by international obligations under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as having overall responsibility for the continuing airworthiness of an aircraft type, with the State of Registry responsible for ensuring the airworthiness of individual aircraft. In practice, this means CASA must issue corresponding ADs when the State of Design, such as the United States, issues an AD for aircraft types registered in Australia. This particular AD, AD/B767/173 Amendment 1, was issued in response to a United States AD for B767 aircraft, reflecting Australia’s commitment to international aviation safety standards.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to establish regulations for the Act, ensuring the safety of air navigation. According to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003. They serve as a crucial form of continuing airworthiness information and are issued by most International Civil Aviation Organization (ICAO) Contracting States.
Under the Convention on International Civil Aviation, specifically Annex 8, the State of Design bears the primary responsibility for ensuring the continuing airworthiness of an aircraft type. This responsibility includes providing any necessary information to the appropriate States of Registry to maintain airworthiness. The State of Registry, which is responsible for the individual aircraft's continuing airworthiness, must develop or adopt requirements to ensure the aircraft remains airworthy. 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 evaluate the information and, if necessary, issue an Australian AD to enforce the State of Design's requirements.
In this context, the United States Federal Aviation Administration (FAA) issued AD 2000-17-06 for B767 aircraft, as the United States is the State of Design for this aircraft type. Following a request from the industry, CASA amended the equivalent Australian AD to AD/B767/173 Amendment 1. This amended AD will take effect on 23 January 2008, replacing the previous issue. Given Australia's obligations under the Convention on International Civil Aviation and the response to the State of Design's AD, no consultation with the Australian public was required for this AD. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
The AD has been issued by the Manager, Systems in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act. This process ensures that the AD aligns with the safety standards and regulatory requirements set forth by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.