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 European Aviation Safety Authority (EASA) has issued AD 2009-0016 affecting Diamond DA 40 model aircraft. The EASA acts on behalf of Austria, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DA40/6, Amendment 1, which will become effective on 12 March 2009. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting Manager, Airframe and Structures 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 establish a comprehensive framework for ensuring the safety of civil aviation in Australia. The Act empowers the Governor-General to make regulations for the purposes of ensuring the safety of air navigation, with a specific focus on maintaining and enhancing airworthiness standards. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, further detail the processes and requirements for airworthiness, including the issuance of airworthiness directives (ADs). These ADs are legislative instruments designed to address identified safety issues and are issued by the Civil Aviation Safety Authority (CASA) to mandate specific actions or modifications for particular aircraft types or aeronautical products. The ADs are aligned with international standards and obligations under the Convention on International Civil Aviation, ensuring consistency and compliance with global safety norms. CASA's role is to assess and, where necessary, issue Australian ADs in response to directives from the relevant State of Design, thereby fulfilling Australia's international commitments and safeguarding the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides a framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. These ADs apply to specific kinds of aircraft or aeronautical products and are issued by the Civil Aviation Safety Authority (CASA), which acts on behalf of Australia as the national airworthiness authority. Under the Act, CASA has the authority to issue ADs in response to the continuing airworthiness information provided by the State of Design, which, in this context, is responsible for the overall airworthiness of an aircraft type. The State of Registry, which is the country where the aircraft is registered, is responsible for ensuring the continuing airworthiness of individual aircraft and must comply with the ADs issued by CASA.
The ADs are issued in accordance with international obligations under the Convention on International Civil Aviation, particularly Annex 8, which assigns responsibilities for airworthiness to the States of Design and Registry. For instance, in the case of the Diamond DA 40 model aircraft, the European Aviation Safety Authority (EASA), acting on behalf of Austria as the State of Design, issued AD 2009-0016. CASA assessed this directive and issued Australian AD/DA40/6, Amendment 1, which mandates the requirements of the EASA's directive. Since the issuance of these ADs is governed by international obligations and the requirements of the relevant State of Design, no public consultation is required, and a Regulatory Impact Statement is not necessary. The ADs are legislative instruments and are issued in accordance with the provisions of the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, empowers the Governor-General to establish regulations that ensure the safety of air navigation. These regulations are meant to provide a framework for maintaining the safety standards within the aviation industry. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 gives the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument as per section 46A of the Acts Interpretation Act 1901 and is categorised as a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the regulations require CASA to act on the information provided by the State of Design, which holds the primary responsibility for the continuing airworthiness of an aircraft type. When a State of Design issues an AD, CASA must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements set forth by the State of Design. This ensures that the aircraft meet international safety standards and that the State of Registry, which is responsible for the ongoing airworthiness of individual aircraft, adheres to these standards. In the specific case of the Diamond DA 40 model aircraft, the European Aviation Safety Authority (EASA), acting on behalf of Austria, issued AD 2009-0016. CASA assessed this directive and issued Australian AD/DA40/6, Amendment 1, effective from 12 March 2009, which replaces the previous directive.
There are several potential consequences for non-compliance with the ADs issued under this legislation. If an aircraft operator fails to adhere to the requirements specified in an AD, they may face legal penalties, which could include substantial fines and other sanctions. These penalties are intended to ensure that all parties involved in aviation maintain the highest safety standards. Furthermore, non-compliance can result in the grounding of aircraft, which can have significant operational and financial repercussions for the operator. CASA retains the authority to take enforcement actions against non-compliant operators to ensure adherence to the ADs, thereby maintaining the safety and integrity of the national airspace.