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 USA FAA has issued AD 97-21-05 Amendment 39-10158 affecting British Aerospace (BAe) 125 model aeroplanes. The USA is the State of Design for this model aeroplane. CASA has assessed this AD and has issued Australian
AD/HS 125/185 which will become effective on 22 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Continuing Airworthiness, Airworthiness and Engineering Branch of the Standards Development and Future Technology Division on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a regulatory framework for civil aviation in Australia, aiming to ensure the safety of air navigation and the continuing airworthiness of aircraft. One of its key provisions allows the Governor-General to make regulations that support the Act's objectives. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives are legislative instruments that must comply with the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The need for ADs arises from the responsibilities of the State of Design and the State of Registry under Annex 8 of the Convention on International Civil Aviation, with CASA ensuring that Australian aircraft meet international airworthiness standards. In response to an AD issued by the United States Federal Aviation Administration concerning British Aerospace (BAe) 125 model aeroplanes, CASA has issued its own AD, effective from 22 April 2010, reflecting Australia's obligations under the Convention. This directive was made without public consultation as it is a direct response to an international requirement, and it has been determined that a Regulatory Impact Statement is not necessary.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the regulation of civil aviation in Australia, including the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Under the Act, the Governor-General may make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003. The ADs serve to maintain the continuing airworthiness of aircraft as required under Annex 8 to the Convention on International Civil Aviation, where the State of Design holds primary responsibility for an aircraft type, and the State of Registry is tasked with ensuring the airworthiness of individual aircraft. In cases where the State of Design issues an AD, CASA must assess and, if necessary, issue an Australian AD to mandate the requirements. In this instance, CASA has issued AD/HS 125/185 following the USA FAA's AD 97-21-05 Amendment 39-10158 for British Aerospace (BAe) 125 model aeroplanes, reflecting Australia’s obligations under the Convention on International Civil Aviation. As these ADs are issued in response to international obligations and not subject to public consultation, they do not require a Regulatory Impact Statement according to the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988 (section 98) grants the Governor-General the authority to enact regulations necessary for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The ADs, as outlined in subregulation 39.001(5), are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are considered legislative instruments as per section 6 of the Legislative Instruments Act 2003. The State of Design, as stipulated in Annex 8 to the Convention on International Civil Aviation, bears overall responsibility for the continuing airworthiness of an aircraft type and must furnish necessary information to the appropriate States of Registry. The State of Registry, in turn, is accountable for ensuring the continuing airworthiness of individual aircraft.
The obligations imposed by these provisions are multifaceted. The State of Design must provide comprehensive information to ensure the continuing airworthiness of an aircraft type, which includes issuing ADs. The State of Registry must then develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. For Australia, this means that CASA, as the national airworthiness authority, must assess any ADs issued by the State of Design and, if deemed appropriate, issue corresponding Australian ADs to enforce the required measures. In this specific instance, CASA has assessed the USA FAA's AD 97-21-05 Amendment 39-10158 for British Aerospace (BAe) 125 model aeroplanes and issued the Australian AD/HS 125/185, which will take effect on 22 April 2010.
The Act does not require public consultation for ADs issued under these provisions because they are mandated by international obligations and in response to ADs from the relevant State of Design. The Office of Regulatory Review has also determined that ADs do not necessitate a Regulatory Impact Statement. The AD in question was made by the Manager, Continuing Airworthiness, Airworthiness and Engineering Branch of the Standards Development and Future Technology Division on behalf of CASA, in accordance with subsection 94(1) of the Act. The potential consequences of non-compliance with these directives are severe, including potential civil or criminal penalties, although specific penalties are not detailed in the provided text.