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 issued AD G-2005-0012 (EASA approval 2005-3462) affecting British Aerospace Jetstream series aircraft, in 2005. UK is the State of Design for Jetstream aircraft. As a result of a request from industry, CASA has amended the equivalent Australian AD to Amendment 1. The amended AD, AD/JETSTREAM/96 Amendment 1, will become effective on 7 July 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 - Systems, Airworthiness Standards Branch, Standards Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, provides a comprehensive legislative framework to regulate civil aviation in Australia, with the primary objective of ensuring the safety of air navigation. Under this Act, the Governor-General has the authority to issue regulations in the interest of air navigation safety. The Civil Aviation Safety Regulations 1998, which were made under the Act, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments and are subject to disallowance. The ADs are intended to maintain the continuing airworthiness of aircraft and align with international standards, particularly those set forth in Annex 8 of the Convention on International Civil Aviation. The State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry, including Australia. CASA, as the national airworthiness authority, must assess this information and, if necessary, issue an Australian AD to enforce the requirements set by the State of Design.
Scope and Application
The Civil Aviation Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby ensuring adherence to safety standards and compliance with the Civil Aviation Act 1988. These ADs, as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, are crucial for maintaining the continuing airworthiness of aircraft. The State of Design has the primary responsibility for ensuring the airworthiness of aircraft types, and the State of Registry must implement measures to ensure the ongoing compliance of aircraft registered within its jurisdiction. In response to the UK Civil Aviation Authority's issuance of AD G-2005-0012 affecting British Aerospace Jetstream series aircraft in 2005, CASA has amended the corresponding Australian AD to Amendment 1, reflecting Australia’s obligations under the Convention on International Civil Aviation. This AD, effective from 7 July 2005, cancels and replaces the previous version, mandating updated safety requirements for Jetstream aircraft registered in Australia.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to issue regulations for the safety of air navigation, with regulation 39.001 specifically allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft or aeronautical products. Section 39.001(5) of the Civil Aviation Safety Regulations 1998 clarifies that these ADs are disallowable instruments as per the Acts Interpretation Act 1901, and they are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. These ADs are essential tools in maintaining the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation, which places the responsibility on the State of Design to provide necessary information for the safety of aircraft types.
In practical terms, the State of Design, such as the United Kingdom for Jetstream series aircraft, issues ADs to address identified safety issues. In response, the State of Registry, such as CASA in Australia, must evaluate this information and, if necessary, issue corresponding ADs to ensure compliance with safety standards. For instance, CASA amended the Australian AD for British Aerospace Jetstream series aircraft to AD/JETSTREAM/96 Amendment 1, effective from 7 July 2005, following the UK Civil Aviation Authority's issuance of AD G-2005-0012. This action underscores CASA's role in ensuring that Australian aircraft meet international safety standards.
CASA, acting on behalf of the Australian government, issues ADs to mandate the requirements from the State of Design. These directives are issued without public consultation due to Australia's obligations under the Convention on International Civil Aviation, and the Office of Regulatory Review has determined that they do not require a Regulatory Impact Statement. The process is overseen by the Section Head - Systems, Airworthiness Standards Branch, Standards Division, in accordance with subsection 84A(2) of the Act. This ensures that ADs are issued in a timely and efficient manner to address safety concerns.
The Act imposes obligations on CASA and other entities to ensure the continuing airworthiness of aircraft registered in Australia. CASA must promptly assess and, if necessary, issue corresponding ADs based on information from the State of Design. Entities such as aircraft operators and manufacturers must comply with these ADs to ensure that their aircraft meet the required safety standards. Failure to comply with these directives can result in serious safety risks, as outlined in the regulations and potentially leading to severe consequences including fines, imprisonment, and other penalties as stipulated by the relevant aviation safety laws. The enforcement of these regulations is crucial in maintaining the high safety standards required in the aviation industry.