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.
AD/GENERAL/63 is an Australian AD which promulgates flammability requirements for seat cushions in Transport Category aircraft. As a result of a request from industry, CASA has amended the AD to remove an incorrect reference to the equivalent US FAA regulations. The amended AD, AD/GENERAL/63, Amendment 1, will become effective on 22 December 2005. 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes 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 comprehensive legal framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations necessary for the safety of air navigation, which are then implemented by the Civil Aviation Safety Authority (CASA). One such regulation, regulation 39.001 of the Civil Aviation Safety Regulations 1998, authorises CASA to issue airworthiness directives (ADs) for various kinds of aircraft or aeronautical products, thereby ensuring compliance with safety standards. AD/GENERAL/63, which addresses flammability requirements for seat cushions in Transport Category aircraft, is an example of such directives. The policy objective behind these regulations is to align with international standards, particularly under Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design is responsible for the continuing airworthiness of an aircraft type, and the State of Registry must ensure the continuing airworthiness of individual aircraft.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, establishes the framework under which airworthiness directives (ADs) can be issued in Australia. The Act and Regulations empower the Civil Aviation Safety Authority (CASA) to issue these directives to ensure the continuing airworthiness of aircraft and aeronautical products. These directives are legislative instruments that serve to maintain the safety standards of air navigation in accordance with Australia's international obligations under the Convention on International Civil Aviation. The ADs apply to aircraft registered in Australia and mandate specific safety requirements that must be adhered to by the operators and owners of these aircraft. The geographic reach of these regulations is national, as CASA, being Australia's national airworthiness authority, is responsible for the implementation of these directives. While the ADs are designed to be consistent with international standards, no public consultation is required as they are issued in response to international obligations or directives from the State of Design. Additionally, these ADs do not necessitate a Regulatory Impact Statement as determined by the Office of Regulatory Review. The issuance and amendment of these directives, such as the recent amendment to AD/GENERAL/63, are conducted by CASA under the authority granted by the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, grants the Governor-General the authority to enact regulations to ensure the safety of air navigation. Complementing this, 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. Subregulation 39.001(5) further classifies these ADs as disallowable instruments under section 46A of the Acts Interpretation Act 1901, thereby making them legislative instruments as per section 6 of the Legislative Instruments Act 2003.
In accordance with Annex 8 of the Convention on International Civil Aviation, the State of Design, which is the country where an aircraft type is designed, holds the primary responsibility for ensuring the aircraft's continuing airworthiness. This responsibility includes providing necessary information to other States of Registry to maintain the airworthiness of the aircraft type. The State of Registry, where an individual aircraft is registered, is tasked with implementing and maintaining the airworthiness requirements for that specific aircraft. When a State of Design issues an AD concerning an aircraft type registered in Australia, CASA, as the national airworthiness authority, must review this information and, if necessary, issue an Australian AD to enforce the State of Design's requirements.
AD/GENERAL/63 is an Australian AD that specifies flammability requirements for seat cushions in Transport Category aircraft. Recently, CASA amended this AD in response to industry feedback, correcting an inaccurate reference to the equivalent U.S. Federal Aviation Administration regulations. The amended AD, AD/GENERAL/63, Amendment 1, will take effect on 22 December 2005, replacing the previous version. Given that this AD stems from Australia's obligations under the Convention on International Civil Aviation and is in direct response to an AD issued by the relevant State of Design, no public consultation was conducted. The Office of Regulatory Review has also determined that ADs do not necessitate a Regulatory Impact Statement.
Under the Civil Aviation Act 1988, CASA is empowered to issue these directives, with the amendment being authorised by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, in compliance with subsection 84A(2) of the Act. The issuance of these ADs imposes stringent obligations on the parties involved, particularly on aircraft manufacturers, operators, and maintenance providers, to ensure that aircraft meet the specified safety standards. Failure to comply with these ADs can result in serious consequences, including potential grounding of aircraft, fines, and legal penalties. For instance, non-compliance with airworthiness directives can lead to civil penalties under the Civil Aviation Act 1988, which may include fines of up to $1.65 million for corporations and lesser amounts for individuals, as well as criminal penalties for more severe violations, reflecting the critical importance of adhering to these safety directives.