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 United States FAA has issued AD 2007-12-25 affecting Gulfstream V aircraft. The United States is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/G1159/50, which will become effective on
10 July 2007.
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 Acting 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 regulate civil aviation and ensure the safety of air navigation, reflecting Australia's commitment to international aviation standards. The Act empowers the Governor-General to make regulations, including those related to airworthiness directives (ADs), in the interests of safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further provides that the Civil Aviation Safety Authority (CASA) can issue ADs for specific aircraft or aeronautical products. This legislative framework ensures that Australia adheres to its obligations under the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Design maintains responsibility for the continuing airworthiness of aircraft types and provides necessary information to States of Registry. CASA, acting as Australia's national airworthiness authority, assesses information from States of Design and issues corresponding ADs to ensure compliance with international standards and the safety of Australian-registered aircraft.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together establish the legislative framework for issuing airworthiness directives (ADs) in Australia, focusing on ensuring the safety of air navigation. The Act allows the Governor-General to make regulations in the interest of air navigation safety, and regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are considered disallowable instruments under the Acts Interpretation Act 1901 and are legislative instruments under the Legislative Instruments Act 2003. This regulatory mechanism is in line with international standards set by Annex 8 to the Convention on International Civil Aviation, which places responsibility for the continuing airworthiness of aircraft types on the State of Design and on the State of Registry for individual aircraft. CASA, as Australia's national airworthiness authority, must assess and, if necessary, issue Australian ADs to implement the requirements set by the State of Design, ensuring that all aircraft registered in Australia meet international safety standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for issuing airworthiness directives (ADs) to ensure the safety of air navigation. Section 98 of the Act authorises the Governor-General to make regulations, and regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products (s 98, 39.001). An AD, as defined in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument according to section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and Regulations primarily fall on CASA as Australia’s national airworthiness authority. When a State of Design issues an AD for an aircraft type registered in Australia, CASA must assess the information provided and, if necessary, issue a corresponding Australian AD to ensure compliance with the State of Design’s requirements (Annex 8, Convention on International Civil Aviation). The State of Registry is also responsible for the continuing airworthiness of individual aircraft, requiring them to develop or adopt appropriate requirements (Annex 8).
There are no specific offences, penalties, or civil/criminal consequences outlined in the text regarding the issuance or non-compliance with ADs. However, the text does indicate that ADs do not require a Regulatory Impact Statement, and they are issued in accordance with subsection 84A(2) of the Act by CASA, demonstrating a formal and regulatory process for ensuring airworthiness. The absence of specific penalties suggests that non-compliance with ADs might be addressed through other means, such as administrative actions or safety enforcement measures by CASA.