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 005-02-2002 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/J4100/21, 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 regulate civil aviation in Australia, focusing on safety, efficiency, and environmental protection. This Act provides the legislative framework for the Civil Aviation Safety Regulations 1998, which include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The ADs are legislative instruments that mandate corrective actions to ensure the continuing airworthiness of aircraft. As Australia is a signatory to the Convention on International Civil Aviation, it is obligated to align its airworthiness directives with those issued by the State of Design of an aircraft type, ensuring international standards are met. The ADs are issued under the authority of the Governor-General, with CASA acting as the national airworthiness authority responsible for assessing and implementing ADs for aircraft registered in Australia.
Scope and Application
The Civil Aviation (Airworthiness) Regulations 1998, made under section 98 of the Civil Aviation Act 1988, provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority. Regulation 39.001 of these regulations empowers CASA to issue ADs for specific types of aircraft or aeronautical products, which are legislative instruments subject to disallowance as per section 46A of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. These ADs are integral to maintaining the continuing airworthiness of aircraft and are issued in accordance with Annex 8 to the Convention on International Civil Aviation. Each State of Design has the responsibility to provide necessary information to ensure airworthiness, while the State of Registry must implement these directives to ensure compliance. In response to AD 005-02-2002 issued by the UK Civil Aviation Authority for BAe Jetstream 4100 model aircraft, CASA has issued Australian AD/J4100/21, effective from 20 February 2008. This AD reflects Australia's obligations under international civil aviation conventions and does not require public consultation or a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, provides the authority for the Governor-General to make regulations for the safety of air navigation. Under the Civil Aviation Safety Regulations 1998, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
Obligations and requirements imposed by the Civil Aviation Safety Regulations 1998 include that the State of Design has the responsibility to ensure the continuing airworthiness of an aircraft type and provide necessary information to the State of Registry, which in this case is Australia. CASA, as Australia's national airworthiness authority, must assess information from the State of Design and issue an Australian AD if appropriate. This ensures that Australian aircraft meet international safety standards as per Annex 8 to the Convention on International Civil Aviation.
When CASA issues an AD, such as AD/J4100/21 for the BAe Jetstream 4100 model aircraft, it is mandated by the Civil Aviation Act 1988. Failure to comply with these directives can result in serious safety concerns and legal ramifications. While no public consultation is required for ADs under the Convention on International Civil Aviation, the Office of Best Practice Regulation has determined that ADs do not need a Regulatory Impact Statement. The AD/J4100/21, issued on behalf of CASA, must be followed by all relevant parties to maintain the safety and airworthiness of the aircraft in question. Non-compliance with these directives can result in enforcement actions by CASA, potentially leading to significant penalties or other legal consequences.