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.
Transport Canada issued AD CF-2007-20R1 affecting Bombardier DHC-8 series aircraft. Canada is the State of Design for this type. CASA has amended the equivalent Australian AD to AD/DHC-8/133 Amendment 1 which will become effective on 2 November 2007. 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 Acting 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 provide a legislative framework for the regulation of civil aviation in Australia, addressing the need for a comprehensive and safe air navigation system. Under this Act, the Governor-General has the authority to make regulations that ensure the safety of air navigation, and in this context, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The ADs are legislative instruments that align with international standards set out in Annex 8 to the Convention on International Civil Aviation, emphasising the role of the State of Design in maintaining the continuing airworthiness of aircraft types. In fulfilling its obligations under this Convention, CASA must assess and, if necessary, issue Australian ADs to enforce the requirements set by the State of Design, thereby ensuring compliance with international safety standards.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, empowers the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to ensure the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows CASA to issue ADs for types of aircraft or aeronautical products, which are legislative instruments under the Legislative Instruments Act 2003. The ADs are issued to maintain the continuing airworthiness of aircraft, aligning with the responsibilities of the State of Design and the State of Registry as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Design, such as Canada for Bombardier DHC-8 series aircraft, issues ADs that CASA must assess and, if necessary, translate into Australian ADs, as demonstrated in the case of AD CF-2007-20R1 and its Australian equivalent AD/DHC-8/133 Amendment 1. These directives are issued without public consultation due to their international obligations, and they do not require a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations necessary for air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory framework is designed to ensure that aircraft maintain their airworthiness, thereby enhancing safety standards in the aviation industry.
An airworthiness directive, as described in subregulation 39.001(5), is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901. Consequently, it is also recognised as a legislative instrument under section 6 of the Legislative Instruments Act 2003. The State of Design, which is responsible for the overall airworthiness of an aircraft type, must provide necessary information to the State of Registry to maintain airworthiness. This international standard is outlined in Annex 8 to the Convention on International Civil Aviation, and ADs are the most common method of disseminating continuing airworthiness information.
In Australia, CASA, as the national airworthiness authority, is mandated to assess information from the State of Design and, if necessary, issue an Australian AD to enforce the requirements. This ensures compliance with international aviation safety standards. For example, in response to Transport Canada's AD CF-2007-20R1 for Bombardier DHC-8 series aircraft, CASA issued AD/DHC-8/133 Amendment 1, effective from 2 November 2007. This AD replaced the previous version and was issued without public consultation, as it is in response to international obligations under the Convention on International Civil Aviation.
The AD was made by the Acting Manager, Systems in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act. This legislative process underscores the importance of international cooperation and adherence to safety regulations to maintain high standards in civil aviation. Failure to comply with these directives can result in serious safety risks, as well as legal and financial consequences.