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 UK CAA has issued AD 004-10-2001 affecting BAe Jetstream 4100 model aircraft. The UK is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/J4100/16, which will become effective on 20 February 2008.
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 in the Airworthiness Engineering Branch, 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, addressing the need for robust safety standards and regulatory mechanisms to ensure the safe operation of aircraft within Australian airspace. One of the significant provisions of this Act is section 98, which empowers the Governor-General to make regulations necessary for the safety of air navigation. This includes the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. The ADs serve as a legislative instrument to mandate requirements for the continuing airworthiness of aircraft types, aligning with international standards set by the International Civil Aviation Organization (ICAO). The Act ensures that Australia meets its international obligations under the Convention on International Civil Aviation, particularly concerning the responsibilities of the State of Design and State of Registry for aircraft airworthiness.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) in Australia, with the primary objective of ensuring the safety of air navigation. These regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products, which are subsequently considered as legislative instruments under the Acts Interpretation Act 1901. The ADs serve as a mechanism for states to communicate continuing airworthiness information in compliance with Annex 8 of the Convention on International Civil Aviation. The State of Design holds primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry must ensure that the aircraft maintains its airworthiness. In instances where a State of Design issues an AD, CASA must evaluate the directive and, if necessary, issue a corresponding Australian AD to enforce the requirements on Australian-registered aircraft. This legislative framework applies to all persons and entities involved in the operation of aircraft within Australia, ensuring that safety standards are uniformly enforced across the industry.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under section 98 of the Act, the Governor-General has the authority to make regulations that ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers CASA to issue ADs for certain kinds of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and therefore it is considered a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
These ADs are integral to the continuing airworthiness of aircraft, as per Annex 8 of the Convention on International Civil Aviation. The State of Design, which is responsible for the aircraft type, must provide necessary information to ensure airworthiness, and this is often communicated through ADs. The State of Registry, which is responsible for the individual aircraft, must develop or adopt requirements to ensure the aircraft's continuing airworthiness. In Australia, CASA, as the national airworthiness authority, must assess ADs issued by the State of Design and, when appropriate, issue corresponding Australian ADs.
In this instance, the UK Civil Aviation Authority (CAA) has issued AD 004-10-2001 affecting BAe Jetstream 4100 model aircraft. As the UK is the State of Design for this aircraft type, CASA has assessed the UK AD and issued Australian AD/J4100/16, effective from 20 February 2008. Given that this AD arises from Australia’s obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, there was no consultation of the Australian public on this specific AD. The Office of Best Practice Regulation has also determined that ADs do not require a Regulatory Impact Statement.
Finally, the AD was made by the Manager, Airframes in the Airworthiness Engineering Branch on behalf of CASA, in accordance with subsection 84A(2) of the Act. This process ensures that the AD meets the necessary regulatory standards and aims to maintain the safety of air navigation in Australia.