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 EASA has issued AD 2006-0295-E affecting Diamond DA40 aircraft. Europe is the State of Design for Diamond aircraft types. CASA has assessed this AD and has issued Australian AD/DA40/7, original issue, which will become effective on 29 September 2006.
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 framework for the regulation of civil aviation in Australia, with a strong emphasis on ensuring the safety of air navigation. This Act empowers the Governor-General to create regulations that serve the interests of safety, and it is within this legislative framework that the Civil Aviation Safety Regulations 1998 were established. These regulations, among other provisions, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft and aeronautical products to ensure their continuing airworthiness. The Civil Aviation Act 1988 and its associated regulations are designed to align with international standards, particularly those set out by the International Civil Aviation Organization (ICAO), ensuring that Australia's civil aviation practices are in harmony with global safety protocols. The authority to issue ADs is crucial for maintaining the safety standards required under international agreements and for ensuring that aircraft registered in Australia meet the necessary safety criteria.
Scope and Application
The Civil Aviation Safety Regulations 1998 under the Civil Aviation Act 1988 permit the issuance of airworthiness directives (ADs) to ensure the safety of air navigation, which applies to aircraft types registered in Australia and those manufactured in other countries but registered in Australia. These ADs, as legislative instruments, mandate specific safety measures for the continuing airworthiness of aircraft. The Civil Aviation Safety Authority (CASA) is responsible for assessing and issuing these directives when a State of Design issues an AD for a type of aircraft registered in Australia. For instance, in response to an AD issued by the European Aviation Safety Agency (EASA) concerning Diamond DA40 aircraft, CASA issued Australian AD/DA40/7 to enforce the requirements of the EASA directive. This process adheres to international standards under Annex 8 to the Convention on International Civil Aviation, where the State of Design has primary responsibility for continuing airworthiness, while the State of Registry, in this case CASA, ensures compliance. This legislative framework ensures that aircraft operating in Australia meet necessary safety standards as set forth by international and domestic regulations.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to establish regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as a key mechanism for maintaining and ensuring the continuing airworthiness of aircraft types, as mandated under Annex 8 to the Convention on International Civil Aviation.
The State of Design, which is the country where the aircraft is designed, holds the primary responsibility for ensuring the continuing airworthiness of the aircraft type. This responsibility includes providing necessary information to States of Registry, which are responsible for the individual aircraft within their jurisdiction. In Australia, CASA, as the national airworthiness authority, must evaluate any ADs issued by the State of Design and, if necessary, issue an Australian AD to enforce the required safety measures. This process ensures that Australian-registered aircraft comply with international standards for airworthiness.
Under the Civil Aviation Safety Regulations 1998, an AD is classified as a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is also considered a legislative instrument under section 6 of the Legislative Instruments Act 2003. Given the international nature of ADs and Australia's obligations under the Convention on International Civil Aviation, no public consultation is required for the issuance of these directives. Additionally, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement.
The issuance of AD 2006-0295-E by the European Aviation Safety Agency (EASA) for Diamond DA40 aircraft is an example of this process in action. Europe, as the State of Design, issued the directive, which CASA assessed and subsequently adopted as Australian AD/DA40/7. This AD became effective on 29 September 2006. The Manager, New Technologies and Systems, within CASA's Manufacturing, Certification and New Technologies Office, issued this AD under subsection 84A(2) of the Civil Aviation Act 1988.
Failure to comply with an AD can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance can lead to enforcement actions by CASA, including fines and potential grounding of the aircraft. The severity of penalties can vary, with maximum fines reaching up to $275,000 for corporations and $55,000 for individuals, depending on the nature and extent of the breach. Additionally, CASA may take legal action against those found in violation, which could result in criminal charges and further penalties.