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 United States FAA has issued AD 2008-23-13 affecting Hawker Beechcraft 390 series aeroplanes. The United States is the State of Design for these aeroplanes. CASA has assessed this AD and has issued Australian AD/PREMIER/7, which will become effective on 15 January 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 Regulatory Review 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, enacted by the Parliament of Australia, aims to provide for the safety of civil aviation in Australia. The Act empowers the Governor-General to make regulations that are in the interests of the safety of air navigation, and under this authority, the Civil Aviation Safety Regulations 1998 were made. Regulation 39.001 of these regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. The ADs serve as a legislative instrument in accordance with the Legislative Instruments Act 2003 and are essential for ensuring the continuing airworthiness of aircraft in alignment with international standards set by the Convention on International Civil Aviation. This legislative framework ensures that Australia can respond effectively to safety concerns raised by the States of Design, as seen in the case of AD 2008-23-13 issued by the United States FAA, which CASA has assessed and subsequently issued as Australian AD/PREMIER/7.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides a framework for ensuring the safety of air navigation in Australia. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning certain types of aircraft or aeronautical products. These ADs serve as legislative instruments and are necessary to comply with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design maintain the continuing airworthiness of aircraft types and provide requisite information to States of Registry. In Australia, CASA, as the national airworthiness authority, must assess and, if appropriate, issue Australian ADs to ensure compliance with international obligations and the continuing airworthiness of aircraft registered in Australia. The process for issuing these directives does not involve public consultation or a Regulatory Impact Statement, given their international compliance nature. The authority to issue these directives is vested in CASA, acting under the authority conferred by the Act.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations for the Act's purposes, particularly to ensure air navigation safety. Pursuant to regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and, as such, they are legislative instruments (section 6 of the Legislative Instruments Act 2003).
In the context of airworthiness, the State of Design, which is the country responsible for the aircraft's design, must provide any necessary information to ensure the aircraft's continued airworthiness to the State of Registry, which is the country that registers the aircraft. This responsibility is outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry is tasked with developing or adopting requirements to maintain the aircraft's continuing airworthiness. When a State of Design issues an AD for an aircraft type on the Australian Register, CASA, as Australia's national airworthiness authority, must assess this information and, if necessary, issue an Australian AD to enforce the State of Design's requirements.
An example of this process is AD 2008-23-13 issued by the United States Federal Aviation Administration (FAA) concerning the Hawker Beechcraft 390 series aeroplanes, where the United States is the State of Design. CASA has evaluated this AD and issued Australian AD/PREMIER/7, which will be effective from 15 January 2009. Given that this AD is issued in response to Australia’s obligations under the Convention on International Civil Aviation and due to the AD being issued by the relevant State of Design, no consultation of the Australian public has been required. The Office of Regulatory Review has also determined that ADs do not necessitate a Regulatory Impact Statement.
The AD in question was made by the Manager, Systems and New Technologies, within CASA's Airworthiness Engineering Group, in accordance with subsection 84A(2) of the Act. This legislative and regulatory framework ensures that CASA and other relevant authorities adhere to international standards and maintain the highest safety standards for aircraft operating within Australia.