CIVIL AVIATION ACT 1988
CIVIL AVIATION 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 006-11-2000 affecting Jetstream model aircraft. The UK is the State of Design for this type. As a result of a request from an Australian operator, CASA has amended the equivalent Australian AD to reflect a change in the requirement document. The amended AD is AD/JETSTREAM/90 Amendment 1, which will become effective on 12 May 2005. 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 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 Section Head - Airframes, Airworthiness Standards Branch, Standards Division, 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, with a primary focus on ensuring the safety of air navigation. This Act empowers the Governor-General to make regulations that promote aviation safety, with the Civil Aviation Safety Regulations 1998 detailing specific regulatory measures, including the issuance of airworthiness directives (ADs). Under these regulations, the Civil Aviation Safety Authority (CASA) is authorised to issue ADs for types of aircraft or aeronautical products, which are legislative instruments subject to disallowance and review. The objective of these ADs is to mandate safety requirements based on international standards set by the International Civil Aviation Organization (ICAO) and to ensure compliance with the continuing airworthiness of aircraft registered in Australia. The recent issuance of AD/JETSTREAM/90 Amendment 1 by CASA, reflecting an amendment to an AD issued by the UK Civil Aviation Authority, underscores Australia's commitment to maintaining high safety standards in alignment with international obligations.
Scope and Application
The Civil Aviation Act 1988, as amended by the Civil Aviation Regulations 1998, applies to entities and individuals involved in civil aviation within Australia, particularly those responsible for the airworthiness of aircraft and aeronautical products. The Act empowers the Governor-General to make regulations in the interest of air navigation safety, while the Civil Aviation Safety Regulations enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). ADs are legislative instruments that mandate specific actions to maintain the airworthiness of aircraft types and products registered in Australia, ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). These directives apply to all aircraft registered in Australia, regardless of the State of Design, and are critical for maintaining the safety standards set forth by ICAO. The ADs are issued in response to safety concerns identified by the State of Design or following requests from Australian operators, reflecting Australia’s commitment to international civil aviation agreements. As these directives are based on international obligations and technical assessments, they do not undergo public consultation or require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, in particular under section 98, empowers the Governor-General to create regulations for air navigation safety. This framework is further detailed in the Civil Aviation Safety Regulations 1998, where regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and, therefore, legislative instruments as per section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are integral to maintaining the continuing airworthiness of aircraft, as per Annex 8 to the Convention on International Civil Aviation. The State of Design holds the primary responsibility for ensuring the ongoing airworthiness of an aircraft type, including the provision of necessary information to the States of Registry. The State of Registry, in turn, is tasked with developing or adopting requirements to ensure the continuing airworthiness of individual aircraft registered within their jurisdiction. When the State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must evaluate this information and, if necessary, issue a corresponding Australian AD to enforce the requirements set by the State of Design.
An example of this regulatory process is evident in the UK Civil Aviation Authority's (CAA) issuance of AD 006-11-2000, which affects Jetstream model aircraft. Given that the UK is the State of Design for this aircraft type, CASA amended the equivalent Australian AD in response to a request from an Australian operator. This amendment, designated as AD/JETSTREAM/90 Amendment 1, became effective on 12 May 2005, replacing the previous version. Because this AD is issued in adherence to Australia's obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, no consultation of the Australian public was undertaken. The Office of Regulatory Review has also determined that such ADs do not require a Regulatory Impact Statement.
The AD was issued by the Section Head - Airframes, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A(2) of the Act. The obligations and requirements imposed by the Act and the regulations primarily focus on ensuring that all parties involved adhere to the continuing airworthiness standards set forth by the State of Design and implemented by the State of Registry. Any breaches of these requirements can lead to civil or criminal consequences, including fines or imprisonment, depending on the severity of the non-compliance. The maximum penalties for breaches are not specified in the provided text but would typically be outlined in relevant sections of the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998.