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 98-05-16 affecting British Aerospace BAe 125 series aircraft. The USA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/HS 125/184, which will become effective on
8 April 2010.
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, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, was designed to establish a comprehensive framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. One of its key provisions allows the Governor-General to make regulations under section 98 for the safety of air navigation, which includes the ability to issue airworthiness directives. The Civil Aviation Safety Regulations 1998 further delineate the powers of the Civil Aviation Safety Authority (CASA) to issue such directives. The objective of these regulations is to maintain the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set by the Convention on International Civil Aviation, particularly Annex 8. This legislative framework ensures that CASA, as Australia’s national airworthiness authority, can mandate necessary safety measures when an aircraft type faces issues, thereby fulfilling Australia's international obligations and safeguarding the safety of air navigation.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, including the Civil Aviation Safety Regulations 1998, govern the safety of air navigation in Australia. These laws apply to all entities involved in civil aviation, including aircraft manufacturers, operators, and maintenance providers, as well as individuals such as pilots and engineers, ensuring they comply with safety standards that are critical for the public and the industry. The geographic scope of these regulations is national, with the Civil Aviation Safety Authority (CASA) acting as Australia’s national airworthiness authority, responsible for overseeing compliance with both domestic and international standards. An airworthiness directive (AD) issued under regulation 39.001 of the Civil Aviation Safety Regulations 1998 is a legislative instrument that mandates specific actions to be taken to maintain the airworthiness of aircraft. The ADs issued by CASA must align with those issued by the State of Design and are enforced across the Australian Register of aircraft. While these directives are developed in response to international obligations under the Convention on International Civil Aviation, they do not typically require public consultation or a Regulatory Impact Statement. The ADs are issued by CASA based on assessments conducted by its Airworthiness and Engineering Branch, ensuring that any safety issues identified by the State of Design are appropriately addressed in the Australian context.
Key Provisions
The Civil Aviation Act 1988, through section 98, grants the Governor-General the authority to create regulations that serve the interests of air navigation safety. This legislative power is exercised under regulation 39.001 of the Civil Aviation Safety Regulations 1998, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and as such, it is also recognised as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The ADs are essential tools for ensuring the continuing airworthiness of aircraft. The State of Design, under Annex 8 of the Convention on International Civil Aviation, bears the primary responsibility for the ongoing airworthiness of an aircraft type and must provide necessary information to the relevant States of Registry to maintain airworthiness. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft registered within its jurisdiction. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA, as the national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements set forth by the State of Design.
The US Federal Aviation Administration (FAA) has issued AD 98-05-16 concerning the British Aerospace BAe 125 series aircraft, with the US being the State of Design for this aircraft type. CASA has reviewed this AD and issued Australian AD/HS 125/184, which is set to become effective on 8 April 2010. Given that this AD is 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, no public consultation has taken place regarding this directive. The Office of Best Practice Regulation has also determined that ADs do not require a Regulatory Impact Statement.
The AD has been formally made by the Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act. The AD mandates specific actions or conditions to be met to ensure the continuing airworthiness of the affected aircraft, and compliance with these directives is mandatory for all relevant parties. Failure to adhere to the requirements stipulated in an AD may result in serious safety implications and legal consequences, as the ADs are designed to address potential safety issues identified by the State of Design or CASA. CASA has the authority to enforce compliance and may take action against non-compliance, including issuing fines or other penalties as stipulated in the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998.