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 Dutch CAA has issued AD NL-2005-010R1 affecting Fokker F28 Mk 070 and 100 model aircraft. The Netherlands is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/F100/71 which will become effective on 27 October 2005.
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, with a primary focus on ensuring the safety and efficiency of air navigation. The Civil Aviation Safety Regulations 1998 further support this objective by detailing specific safety requirements and regulatory processes, including the issuance of airworthiness directives. These directives are crucial for maintaining the continuing airworthiness of aircraft and aeronautical products. In accordance with international obligations under the Convention on International Civil Aviation, the State of Design of an aircraft is responsible for providing necessary information to ensure airworthiness, and the State of Registry must implement these requirements. Consequently, the Civil Aviation (Safety) Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives in response to directives issued by the State of Design, thereby ensuring compliance with both national and international standards. The policy objective behind these regulations is to harmonise Australian aviation safety standards with those of other ICAO Contracting States, promoting uniformity and reliability in global air traffic management.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. This regulatory mechanism is essential for maintaining the continuing airworthiness of aircraft registered in Australia, ensuring they meet safety standards set forth by the International Civil Aviation Organization (ICAO). These directives are legislative instruments as defined under section 6 of the Legislative Instruments Act 2003, and they must comply with the requirements outlined in the Civil Aviation Act 1988. ADs are typically issued in response to safety concerns identified by the State of Design, which is responsible for the initial airworthiness of the aircraft type. CASA, as Australia's national airworthiness authority, is obligated to evaluate such directives and, if necessary, issue corresponding Australian ADs to enforce the required safety measures on aircraft registered within Australia. Notably, this process does not require public consultation or a Regulatory Impact Statement, reflecting the nature of the directive as an immediate safety measure.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for ensuring the continuing airworthiness of aircraft. Section 98 of the Act allows the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This is further clarified in subregulation 39.001(5), which states that an AD is a disallowable instrument under the Acts Interpretation Act 1901 and thus constitutes a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations and requirements imposed by the Act and Regulations primarily fall on CASA as Australia’s national airworthiness authority. CASA must assess any ADs issued by the State of Design for aircraft types registered in Australia and, if appropriate, issue corresponding Australian ADs to ensure compliance with international standards. For example, the Dutch Civil Aviation Authority has issued AD NL-2005-010R1 for Fokker F28 Mk 070 and 100 model aircraft, which CASA has assessed and subsequently issued as Australian AD/F100/71. This process ensures that aircraft on the Australian Register meet the necessary airworthiness standards as required under Annex 8 to the Convention on International Civil Aviation.
Under these regulations, the State of Registry, in this case, CASA, must ensure the continuing airworthiness of individual aircraft. This involves adopting or developing requirements that align with the ADs issued by the State of Design. Additionally, the State of Design, here the Netherlands, has the responsibility to provide any necessary information to maintain the airworthiness of an aircraft type, as outlined in Annex 8. Failure to comply with these obligations can lead to significant safety risks, as the continuing airworthiness of aircraft directly affects public safety.
The legislation does not mandate consultation with the Australian public for ADs issued due to international obligations and in response to directives from the State of Design, as per the Office of Regulatory Review’s determination. Furthermore, these ADs do not require a Regulatory Impact Statement. The AD is 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. This process ensures that ADs are issued efficiently while maintaining the necessary safety standards.