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/65 is an Australian AD which specifies what fire extinguishers are required to be carried in aircraft, and how many. As a result of a request from industry, CASA has amended the AD to clarify the applicability of the directive, and to clarify some requirements. It also changes the AD to allow the use of new “Halon Replacement” fire extinguishers The amended AD, AD/GENERAL/65 Amendment 4, 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, enacted by the Parliament of Australia, serves as the foundational piece of legislation for regulating civil aviation in Australia, focusing on ensuring the safety and efficiency of air navigation. This Act provides the regulatory framework under which the Civil Aviation Safety Regulations 1998 are established, including the authority for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that are critical for maintaining the continuing airworthiness of aircraft. The ADs serve as legislative instruments issued under the authority of the Act and in accordance with international standards set by the International Civil Aviation Organization (ICAO). The policy objective behind these regulations is to harmonise Australia's civil aviation safety standards with international norms, thereby ensuring that Australian-registered aircraft meet global safety benchmarks. The Civil Aviation Safety Regulations 1998 empower CASA to mandate specific safety requirements, such as the type and number of fire extinguishers to be carried on aircraft, as outlined in AD/GENERAL/65 Amendment 4, which was introduced to clarify and update existing safety directives.
Scope and Application
The Civil Aviation Act 1988, through the Civil Aviation Safety Regulations 1998, enables the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Under the Act, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific kinds of aircraft or aeronautical products as outlined in regulation 39.001, with such directives considered legislative instruments as per section 46A of the Acts Interpretation Act 1901. These ADs are crucial for maintaining the continuing airworthiness of aircraft and are issued in line with Annex 8 to the Convention on International Civil Aviation. The State of Registry is responsible for the airworthiness of individual aircraft, while the State of Design must provide necessary information to ensure the continuing airworthiness of aircraft types. CASA, as Australia's national airworthiness authority, must assess this information and issue Australian ADs when required. AD/GENERAL/65 Amendment 4, effective from 22 December 2005, specifies requirements for fire extinguishers in aircraft and allows the use of new “Halon Replacement” extinguishers, clarifying previous directives and responding to industry requests.
Key Provisions
The Civil Aviation Act 1988 provides the legislative framework for ensuring the safety of air navigation in Australia. Section 98 of the Act grants the Governor-General the authority to create regulations in the interest of air navigation safety. Pursuant to this authority, 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. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, as they are disallowable instruments under the Acts Interpretation Act 1901.
In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type. This includes providing necessary information to the States of Registry to maintain the airworthiness of the aircraft type. In response, the State of Registry must implement or adopt requirements to ensure the continuing airworthiness of the aircraft registered within its jurisdiction. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must review this information and, if necessary, issue an Australian AD to enforce the State of Design's requirements.
AD/GENERAL/65 is an Australian AD that details the types and quantities of fire extinguishers required in aircraft. CASA has amended this AD to clarify its applicability and some of its requirements, and to allow the use of new "Halon Replacement" fire extinguishers. The amended AD, AD/GENERAL/65 Amendment 4, will take effect on 22 December 2005, replacing the previous version. This AD was issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, hence no public consultation was conducted. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The obligations imposed by the AD require aircraft operators to comply with the specified fire extinguisher requirements, including the carriage of the correct types and quantities of fire extinguishers. Non-compliance with these requirements can result in significant safety risks, potentially leading to civil and criminal penalties. Under the Civil Aviation Act 1988, CASA has the authority to enforce compliance through various measures, including fines and potential prosecution for serious breaches. The maximum penalties for non-compliance can include substantial fines, reflecting the gravity of ensuring airworthiness and public safety in aviation.