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, the Civil Aviation Safety Authority (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.
In 1985 the United Kingdom Civil Aviation Authority issued AD 015-09-85 applicable to Jetstream 3100 aircraft. The United Kingdom is the state of design of Jetstream aircraft. AD 015-09-85 mandated Jetstream Service Bulletin 53‑A‑JA850610 published by British Aerospace (Operations) Ltd. In 1985 CASA published AD/JETSTREAM/11 and AD/JETSTREAM/11 Amdt 1 to mandate Jetstream Service Bulletin 53-A-JA850610. During a review of all Australian ADs CASA found that AD/JETSTREAM/11 and AD/JETSTREAM/11 Amdt 1 incorrectly specify the Service Bulletin. CASA has decided to publish Amendment 2 of AD/JETSTREAM/11 to correctly specify the Service Bulletin. AD/JETSTREAM/11 Amendment 2 will become effective on 29 October 2010. This AD cancels and replaces the previous issue.
As this AD is issued because of Australia’s obligations under Convention on International Civil Aviation, and because it is issued in response to a number of ADs 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 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a comprehensive legislative framework for civil aviation in Australia, focusing on ensuring the safety and efficiency of air navigation. The Act allows the Governor-General to make regulations for air navigation safety, and under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for aircraft types or aeronautical products. These ADs are legislative instruments subject to disallowance and review, reflecting the importance of maintaining international standards of safety. The objective of the ADs is to ensure the continuing airworthiness of aircraft registered in Australia, aligning with obligations under the Convention on International Civil Aviation, and mandates CASA to assess and implement necessary safety measures in response to directives issued by aircraft design states. The issuance of ADs is a critical mechanism to address identified safety issues and ensure compliance with international aviation safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are integral to maintaining the safety of air navigation and are legislative instruments that can be disallowed under the Acts Interpretation Act 1901. The ADs are necessary to ensure the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation, which places the responsibility on the State of Design to provide information for maintaining airworthiness. In Australia, CASA, as the national airworthiness authority, must evaluate this information and, if necessary, issue Australian ADs to enforce the requirements set by the State of Design. This particular AD pertains to Jetstream 3100 aircraft, with the United Kingdom being the State of Design. CASA has amended the original AD/JETSTREAM/11 and its amendment to correct the specification of the relevant Service Bulletin, with the amended directive becoming effective from 29 October 2010. This AD, being a response to international obligations and existing ADs from the State of Design, has not undergone public consultation, and a Regulatory Impact Statement is deemed unnecessary.
Key Provisions
The key provisions of this legislation are found in section 98 of the Civil Aviation Act 1988 and regulation 39.001 of the Civil Aviation Safety Regulations 1998. These sections empower the Governor-General to make regulations concerning the safety of air navigation and allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Notably, ADs are classified as disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are considered legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003. The ADs are intended to ensure the continuing airworthiness of aircraft and are issued by most ICAO Contracting States. Under Annex 8 to the Convention on International Civil Aviation, the State of Design has a primary responsibility for the continuing airworthiness of an aircraft type, while the State of Registry is responsible for the continuing airworthiness of individual aircraft.
The obligations imposed by this legislation on parties and entities include the duty of the State of Design to provide necessary information to ensure the continuing airworthiness of aircraft types, and the State of Registry to develop or adopt requirements to ensure the same. CASA, as Australia's national airworthiness authority, must assess the information provided by the State of Design and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. This ensures that Australian aircraft comply with international safety standards. For instance, when the UK Civil Aviation Authority issued AD 015-09-85 for Jetstream 3100 aircraft, CASA responded by issuing AD/JETSTREAM/11 and AD/JETSTREAM/11 Amdt 1, which were later amended to correct an error in the specified Service Bulletin.
The legislation does not specify any direct offences, penalties, or civil/criminal consequences for breach of the ADs. However, the non-compliance with ADs can lead to severe consequences, including the grounding of aircraft and potential safety hazards. The authority to issue ADs is exercised in accordance with subsection 94(1) of the Civil Aviation Act 1988, which allows CASA to mandate compliance with airworthiness standards to ensure the safety of air navigation. The ADs are intended to maintain the safety and airworthiness of aircraft in accordance with international standards and obligations.