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 Japan CAB has issued AD TCD-2048-81 affecting Mitsubishi MU-2B model aircraft. Japan is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/MU-2/72, which will become effective on 2 July 2009.
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, Systems and New Technologies in the Airworthiness Engineering group, 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, establishing the framework for the safety and efficiency of air navigation. The Civil Aviation Safety Regulations 1998 further detail the requirements for maintaining the airworthiness of aircraft and aeronautical products, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments and are necessary to ensure compliance with international standards set by the Convention on International Civil Aviation. Under this framework, the State of Design has the primary responsibility for the continuing airworthiness of aircraft types, while the State of Registry ensures the airworthiness of individual aircraft. CASA, as Australia's national airworthiness authority, is responsible for issuing Australian ADs in response to those issued by the State of Design, such as the AD/MU-2/72 issued in response to Japan's AD TCD-2048-81 for the Mitsubishi MU-2B model aircraft. The process for issuing these ADs does not require public consultation or a Regulatory Impact Statement, as they are mandated by international obligations and the need to maintain consistent airworthiness standards.
Scope and Application
The Civil Aviation Act 1988, as supported by the Civil Aviation Safety Regulations 1998, facilitates the regulation of civil aviation safety in Australia through mechanisms such as the issuance of airworthiness directives (ADs). Under section 98 of the Act, the Governor-General has the authority to create regulations in the interests of air navigation safety, with regulation 39.001 specifically empowering CASA to issue ADs for types of aircraft or aeronautical products. These ADs are considered legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901. The ADs are critical for ensuring the continuing airworthiness of aircraft and are issued in accordance with international standards set by ICAO, specifically under Annex 8 to the Convention on International Civil Aviation. The State of Design holds responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry, which in turn must implement these directives. In the case of the Mitsubishi MU-2B model aircraft, the Japan CAB issued AD TCD-2048-81, prompting CASA to issue Australian AD/MU-2/72. This Australian AD, issued by CASA in accordance with the Act, reflects Australia's commitment to international aviation safety standards and is effective from 2 July 2009.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to create regulations for the Act, particularly focusing on the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) establishes that these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, making them legislative instruments as per section 6 of the Legislative Instruments Act 2003.
In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design bears the overarching responsibility for the continuing airworthiness of an aircraft type and must supply necessary information to ensure its safety to the appropriate States of Registry. ADs are the primary means of communicating continuing airworthiness information and are issued by most International Civil Aviation Organization (ICAO) Contracting States. For example, the State of Registry of an individual aircraft must ensure the continuing airworthiness of that aircraft. When a State of Design issues an AD for a type of aircraft on the Australian Register, CASA, as Australia’s national airworthiness authority, must evaluate this information and, if appropriate, issue an Australian AD to enforce the requirements set by the State of Design.
The Japan Civil Aviation Bureau (JCAB) has issued AD TCD-2048-81 for the Mitsubishi MU-2B model aircraft, with Japan being the State of Design for these aircraft. CASA has evaluated this AD and subsequently issued Australian AD/MU-2/72, which will take effect on 2 July 2009. Given that this AD is issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD raised by the relevant State of Design, no consultation with the Australian public has occurred regarding this AD. Additionally, the Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The Manager, Systems and New Technologies in the Airworthiness Engineering group has made this AD on behalf of CASA, in compliance with subsection 84A(2) of the Civil Aviation Act 1988. This legislative framework and the processes outlined ensure that airworthiness directives are issued in a manner that is both internationally aligned and domestically effective, focusing on the safety and continued airworthiness of aircraft.