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 Civil Aviation Safety Authority or its predecessors issued AD/EMY/17 affecting Beaufort (Air Sea) Equipment Life Jackets Mk 8E manufactured in 1971. CASA has assessed this AD and as a result has cancelled Australian AD/EMY/17. The cancellation will become effective on 12 March 2009. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. 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, Airframe and 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 was enacted to provide a comprehensive framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. Under this Act, the Governor-General has the authority to make regulations, including the issuance of airworthiness directives, which are essential for maintaining the safety and airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 further detail the process by which the Civil Aviation Safety Authority (CASA) can issue such directives, which are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. In accordance with international obligations under the Convention on International Civil Aviation, Australia’s national airworthiness authority, CASA, is responsible for assessing and, where necessary, issuing airworthiness directives to ensure the continuing safety of aircraft registered in Australia. This process ensures compliance with international standards and the safety responsibilities of both the State of Design and the State of Registry.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, establishes a framework for ensuring the safety of air navigation in Australia. This legislation empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are legally binding requirements that mandate the necessary actions to maintain the airworthiness of specific types of aircraft or aeronautical products. These directives apply to entities involved in the design, manufacture, and operation of aircraft registered within Australia, as well as to the individual aircraft themselves. The ADs are intended to address identified safety issues and ensure compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The application of these regulations extends nationally, and they are not subject to state or territory legislation. While the ADs are considered legislative instruments, they are not subject to disallowance by Parliament under the Acts Interpretation Act 1901, and they do not require consultation with the Australian public or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation. The authority to issue these directives is exercised by CASA, reflecting Australia's commitment to international civil aviation safety standards.
Key Provisions
The Civil Aviation Act 1988, through section 98, grants the Governor-General the authority to establish regulations aimed at ensuring the safety of air navigation. This legislative power is further delineated in regulation 39.001 of the Civil Aviation Safety Regulations 1998, which empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Subregulation 39.001(5) specifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thereby classifying it as a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
Under the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation, the State of Design, which is the country where the aircraft type was designed, holds the primary obligation for ensuring the continuing airworthiness of that aircraft type. This includes providing necessary information to appropriate States of Registry to maintain airworthiness. Conversely, the State of Registry, which is the country where the individual aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When a State of Design issues an AD for an aircraft type registered in Australia, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements stipulated by the State of Design.
In practical terms, CASA has previously issued AD/EMY/17 concerning Beaufort (Air Sea) Equipment Life Jackets Mk 8E manufactured in 1971. Following a comprehensive assessment, CASA has decided to cancel this directive. The cancellation will be effective from 12 March 2009, and no replacement AD is necessary as the unsafe condition no longer exists. This cancellation aligns with Australia’s obligations under the Convention on International Civil Aviation, thus obviating the need for public consultation on the matter. Furthermore, the Office of Best Practice Regulation has concluded that ADs do not require a Regulatory Impact Statement.
The AD in question was issued by the acting Manager, Airframe and Structures, within the Airworthiness Engineering Group at CASA, in accordance with subsection 84A(2) of the Act. This directive underscores CASA's commitment to maintaining the highest safety standards in civil aviation, ensuring that all aircraft and aeronautical products meet stringent airworthiness criteria.