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 005-10-2002 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/J4100/19, 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 framework for the regulation of civil aviation in Australia, with a primary focus on safety and efficiency. Under this Act, the Governor-General is empowered to create regulations, which are crucial for maintaining the safety of air navigation. The Civil Aviation Safety Regulations 1998 further elaborate on these provisions, specifically allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft and aeronautical products. These directives are integral to ensuring the continuing airworthiness of aircraft and are issued in accordance with international standards set by the Convention on International Civil Aviation. The ADs serve to address any safety issues identified by the State of Design and are mandated to be implemented by the State of Registry, which, in the Australian context, is CASA. The issuance of these directives is a direct response to Australia’s obligations under the Convention and is executed without public consultation, as it pertains to international agreements and regulatory best practices.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, provides the legal framework for the regulation of civil aviation safety in Australia. Under this legislative regime, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure safety standards are maintained. These ADs are legislative instruments, subject to disallowance, and are required under international conventions to ensure the continuing airworthiness of aircraft types. The State of Design, which in the case of the BAe Jetstream 4100 model aircraft is the United Kingdom, issues ADs for aircraft types, and the State of Registry, which is Australia in this context, is responsible for ensuring the ongoing airworthiness of aircraft registered within its territory. CASA, as Australia’s national airworthiness authority, assesses the ADs issued by the State of Design and, if necessary, issues corresponding Australian ADs to enforce the required safety measures. The issuance of these ADs is a regulatory response to international obligations and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, outlines the framework for issuing airworthiness directives (ADs) that ensure the safety of air navigation. Specifically, section 98 of the Act allows the Governor-General to make regulations that promote safety, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. This regulatory power is further clarified under subregulation 39.001(5), which designates ADs as disallowable instruments under the Acts Interpretation Act 1901, making them subject to legislative scrutiny as defined in the Legislative Instruments Act 2003.
These airworthiness directives are critical for maintaining the continuing airworthiness of aircraft, a responsibility that rests primarily with the State of Design, as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Design is tasked with providing necessary information to ensure the safety of an aircraft type, while the State of Registry is responsible for ensuring the continuing airworthiness of individual aircraft registered within its jurisdiction. For aircraft on the Australian Register, CASA, as the national airworthiness authority, must evaluate any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the required safety measures.
In the context of the BAe Jetstream 4100 model aircraft, the UK Civil Aviation Authority (CAA) has issued AD 005-10-2002, given that the UK is the State of Design. CASA has reviewed this directive and subsequently issued Australian AD/J4100/19, which will take effect on 20 February 2008. This process adheres to Australia's commitments under the Convention on International Civil Aviation and reflects the international collaborative effort to maintain aviation safety standards.
The issuing of these ADs does not necessitate public consultation or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation. This decision is based on the nature of ADs, which are designed to respond swiftly to safety concerns identified by the State of Design. The AD/J4100/19 was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in compliance with subsection 84A(2) of the Civil Aviation Act 1988.