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 French DGAC has issued AD F-2005-135 affecting aircraft passenger seats manufactured by Sicma Aero Seats. France is the State of Design for these seats. CASA has assessed this AD and has issued Australian AD/SEATS/25 which will become effective on 29 September 2005.
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, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, 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 framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation within the country. This Act grants the Governor-General the authority to make regulations for the purposes of the Act and in the interests of the safety of air navigation. As part of this legislative framework, the Civil Aviation Safety Regulations 1998 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This mechanism ensures that Australia can respond appropriately to international safety standards and mandates, as stipulated under Annex 8 to the Convention on International Civil Aviation.
The process of issuing ADs, as outlined in the Civil Aviation Safety Regulations 1998, is designed to maintain the continuing airworthiness of aircraft. CASA, acting as Australia’s national airworthiness authority, assesses any relevant ADs issued by the State of Design and, if necessary, issues corresponding Australian ADs to enforce the required safety measures. The ADs are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. This regulatory approach ensures that Australia meets its obligations under international aviation conventions and maintains high safety standards for aircraft operating within Australian airspace.
Scope and Application
The Civil Aviation Safety Regulations 1998, made under the Civil Aviation Act 1988, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This authority is exercised to uphold the safety of air navigation and is consistent with the obligations of Australia under the Convention on International Civil Aviation. An AD is a legislative instrument as it is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is subject to the Legislative Instruments Act 2003. The ADs are designed to ensure the continuing airworthiness of aircraft, with the State of Design having overall responsibility and the State of Registry being responsible for individual aircraft. In the case of aircraft passenger seats manufactured by Sicma Aero Seats, which are subject to AD F-2005-135 issued by the French DGAC, CASA has issued Australian AD/SEATS/25 following an assessment of the relevant information. This AD, reflecting Australia’s international obligations, is issued without public consultation and does not require a Regulatory Impact Statement. It is made by the Manager, New Technologies and Systems, on behalf of CASA, in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to establish regulations that serve the Act's objectives and ensure the safety of air navigation. Under the Civil Aviation Safety Regulations 1998 (regulation 39.001), the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments as per section 6 of the Legislative Instruments Act 2003.
These airworthiness directives are issued in accordance with Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design (the country where the aircraft type is designed) holds the primary responsibility for ensuring the continuing airworthiness of that type. The State of Design must provide necessary information to the States of Registry (the country where the aircraft is registered) to maintain airworthiness. CASA, as Australia's national airworthiness authority, must review and, if necessary, issue corresponding Australian ADs to enforce the requirements of the State of Design.
For instance, the French Directorate General for Civil Aviation (DGAC) issued AD F-2005-135 concerning passenger seats manufactured by Sicma Aero Seats, with France acting as the State of Design. CASA assessed this directive and subsequently issued Australian AD/SEATS/25, which will take effect on 29 September 2005. Given Australia's commitments under the Convention on International Civil Aviation and the directive being a response to an AD from the relevant State of Design, no public consultation was required for this AD. The Office of Regulatory Review has concluded that such ADs do not necessitate a Regulatory Impact Statement.
The AD was issued by the Manager, New Technologies and Systems, within CASA's Manufacturing, Certification and New Technologies Office, in accordance with subsection 84A(2) of the Act. These directives impose specific obligations on the entities they govern, ensuring compliance with safety standards and continuing airworthiness requirements. Failure to adhere to these directives can result in serious safety risks, thus making compliance a critical requirement for maintaining the safety and airworthiness of aircraft within Australia.