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 US FAA has issued AD 2008-22-21 affecting Allied Ag Cat G164 model aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/G164/15, Amendment 2, which will become effective on
15 January 2009. 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 Manager, Airframes & 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, enacted by the Commonwealth Parliament, serves to regulate civil aviation within Australia, ensuring safety and efficiency in air navigation. One of the mechanisms through which the Act seeks to achieve its safety objectives is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments made under regulation 39.001 of the Civil Aviation Safety Regulations 1998, aimed at maintaining the continuing airworthiness of aircraft. In alignment with international obligations under Annex 8 to the Convention on International Civil Aviation, the State of Design retains responsibility for the continuing airworthiness of aircraft types, while the State of Registry, in this case CASA, ensures these international standards are met within Australia. The ADs, such as AD/G164/15, Amendment 2, issued by CASA in response to directives from the State of Design, are critical for enforcing compliance with safety standards and ensuring the safe operation of aircraft within Australia’s airspace.
Scope and Application
The Civil Aviation Act 1988, together with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the regulation of civil aviation in Australia, with a particular emphasis on safety. Under section 98 of the Act, the Governor-General is empowered to make regulations necessary for the safety of air navigation. Regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. These directives are legislative instruments, as per section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are issued to ensure the continuing airworthiness of aircraft, aligning with obligations under Annex 8 to the Convention on International Civil Aviation, which places responsibility for airworthiness with the State of Design and the State of Registry. CASA, as Australia’s national airworthiness authority, must assess and issue corresponding ADs when necessary, reflecting the directives of the State of Design. The issuance of an AD, such as AD/G164/15, Amendment 2, is a direct response to an international AD, in this case, AD 2008-22-21 issued by the US Federal Aviation Administration, and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to create regulations that serve the Act's purpose and the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. As per subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and, in accordance with section 6 of the Legislative Instruments Act 2003, is a legislative instrument.
These airworthiness directives are pivotal in maintaining the safety standards of aircraft in accordance with international standards set by Annex 8 to the Convention on International Civil Aviation. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to the States of Registry. In turn, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must assess this information and, if deemed appropriate, issue a corresponding Australian AD to enforce the State of Design's requirements.
In the case of the Allied Ag Cat G164 model aircraft, the United States, as the State of Design, issued AD 2008-22-21. CASA has evaluated this directive and subsequently issued Australian AD/G164/15, Amendment 2, effective from 15 January 2009. This Australian AD cancels and replaces the previous version. Given the nature of this directive, stemming from Australia's obligations under the Convention on International Civil Aviation and as a response to an AD from the relevant State of Design, no public consultation was required. The Office of Best Practice Regulation has also determined that such ADs do not necessitate a Regulatory Impact Statement.
The Manager of Airframes & Structures in CASA's Airworthiness Engineering Group issued this AD on behalf of CASA, in compliance with subsection 84A(2) of the Civil Aviation Act 1988. This process ensures that all necessary measures are taken to maintain the safety and airworthiness of aircraft registered in Australia.