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 issued AD 2009-06-08, affecting Boeing B767 aircraft, in 2009. 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 correct the revised date of effect. The amended AD, AD/B767/250 Amendment 1, will become effective on 2 July 2009. 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, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, aims to regulate civil aviation to ensure safety and efficiency. The Act provides the framework for managing air navigation safety, and through regulation, it enables the issuance of airworthiness directives (ADs) under the Civil Aviation Safety Regulations 1998. These ADs are crucial for maintaining the continuing airworthiness of aircraft and aeronautical products as mandated by international conventions, specifically Annex 8 to the Convention on International Civil Aviation. The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue ADs, which serve as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. This legislative framework ensures that Australia meets its international obligations while maintaining the highest safety standards for civil aviation within its jurisdiction. The policy objective is to harmonise domestic regulations with international standards, thereby safeguarding the safety and airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, as augmented by the Civil Aviation Safety Regulations 1998, mandates that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. This authority is exercised under regulation 39.001, which empowers CASA to mandate airworthiness directives for specific types of aircraft or aeronautical products. These directives, as clarified in subregulation 39.001(5), are considered disallowable instruments under the Acts Interpretation Act 1901 and, therefore, legislative instruments in accordance with the Legislative Instruments Act 2003. ADs are integral to maintaining the continuing airworthiness of aircraft, a responsibility that primarily lies with the State of Design, as stipulated in Annex 8 to the Convention on International Civil Aviation, while the State of Registry enforces these mandates domestically. When a State of Design issues an AD, CASA must evaluate the information and, if necessary, issue a corresponding Australian AD to enforce the requirements of the State of Design on aircraft registered in Australia. This process ensures alignment with international safety standards and maintains the integrity of air travel across jurisdictions.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, allows the Governor-General to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives are significant as they are considered legislative instruments under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design has the responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry to ensure ongoing airworthiness. The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft and must develop or adopt requirements to maintain airworthiness. When a State of Design issues an AD, such as the US FAA's AD 2009-06-08 for Boeing B767 aircraft, CASA must assess this information and, if appropriate, issue an Australian AD to enforce the State of Design’s requirements.
The obligations imposed by these regulations include the need for CASA to act on ADs issued by the State of Design, ensuring that the requirements of such directives are implemented in Australia. For example, CASA amended the Australian AD to correct the revised date of effect for Boeing B767 aircraft following the US FAA’s AD 2009-06-08, resulting in AD/B767/250 Amendment 1, effective from 2 July 2009.
The Act does not require public consultation for ADs issued under the Convention on International Civil Aviation, and the Office of Best Practice Regulation has determined that these ADs do not need a Regulatory Impact Statement. Any failure to comply with these ADs may result in significant civil or criminal consequences, including fines or imprisonment, depending on the severity of the breach. The Manager, Airframes & Structures in the Airworthiness Engineering Group, on behalf of CASA, issues these directives in accordance with subsection 84A(2) of the Act, ensuring that all airworthiness requirements are met to maintain safety standards in Australian airspace.