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 European EASA has issued an emergency AD 2006-0061-E affecting British Aerospace BAE146 / Avro 146-RJ aircraft. European Union is the State of Design for BAe146 Avro 146RJ aircraft. CASA has assessed this AD and has issued Australian Telex AD/BAe 146/119 original issue, which will become effective on 23 March 2006.
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, New Technologies and Systems, 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 provide a legislative framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations that support the overarching goal of aviation safety, with the Civil Aviation Safety Regulations 1998 further detailing these provisions. Specifically, under section 98 of the Act, the Civil Aviation Safety Regulations permit the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to mandate safety measures for specific aircraft or aeronautical products. These directives are essential for maintaining the continuing airworthiness of aircraft and align with international standards set by the International Civil Aviation Organization (ICAO). The Act’s provisions reflect a commitment to harmonising national regulations with international obligations, ensuring that Australia meets its responsibilities under the Convention on International Civil Aviation. The regulatory process, overseen by CASA, ensures that ADs are issued efficiently and in response to safety imperatives identified by relevant authorities, such as the European Union’s State of Design for specific aircraft types.
Scope and Application
The Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as legislative instruments for specific kinds of aircraft or aeronautical products, in accordance with section 98 of the Civil Aviation Act 1988. These ADs are integral to maintaining the continuing airworthiness of aircraft and are issued under the auspices of Annex 8 to the Convention on International Civil Aviation. When the State of Design issues an AD, such as the European Emergency AD 2006-0061-E for British Aerospace BAE146 / Avro 146-RJ aircraft, CASA evaluates this information and, if necessary, issues corresponding Australian ADs to ensure compliance. This particular AD, issued by CASA and effective from 23 March 2006, is a response to Australia’s international obligations and does not require public consultation or a Regulatory Impact Statement as determined by the Office of Regulatory Review. The AD was issued by the Manager, New Technologies and Systems, on behalf of CASA in compliance with the legislative framework.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to create regulations that ensure the safety of air navigation. This authority is exercised through the Civil Aviation Safety Regulations 1998 (regulation 39.001), which permit the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products. These ADs, as stipulated in subregulation 39.001(5), are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are thus legislative instruments under the Legislative Instruments Act 2003. The issuing of ADs is a standard practice mandated by Annex 8 to the Convention on International Civil Aviation, which places the responsibility for the continuing airworthiness of an aircraft type on the State of Design. This State must provide necessary information to the appropriate States of Registry, which, in turn, must ensure the continuing airworthiness of the aircraft on their registers.
Entities governed by these regulations bear significant obligations. The State of Design must provide any information necessary to maintain the airworthiness of the aircraft type. The State of Registry is responsible for ensuring that the aircraft on its register meet continuing airworthiness requirements. This involves developing or adopting specific requirements to maintain airworthiness. When a State of Design issues an AD, the State of Registry, represented by CASA in Australia, must evaluate the information and, if necessary, issue a corresponding AD to enforce the requirements. For example, the European Aviation Safety Agency (EASA) issued emergency AD 2006-0061-E for British Aerospace BAE146 / Avro 146-RJ aircraft, and CASA subsequently issued Australian Telex AD/BAe 146/119.
The issuance of ADs under these regulations is governed by specific obligations and procedures. ADs are issued to ensure compliance with international safety standards and to address safety concerns that may affect aircraft types registered in Australia. The AD process does not require public consultation, as it is driven by international obligations under the Convention on International Civil Aviation. Furthermore, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, streamlining the process to quickly address safety issues. CASA issues ADs on behalf of the Governor-General, ensuring that the directives are in line with Australia's obligations under international aviation agreements and national safety standards.