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 EASA has issued AD 2006-0277 affecting Diamond Aircraft DA42 aircraft. Europe is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DA42/2, original issue, which will become effective on 10 May 2007.
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 civil aviation within Australia, ensuring safety and efficiency in air navigation. This legislation allows the Governor-General to create regulations under section 98, which are critical for maintaining air navigation safety. The Civil Aviation Safety Regulations 1998 further empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various aircraft and aeronautical products through regulation 39.001. These ADs, being legislative instruments, are subject to disallowance and review processes as outlined in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The Act's policy objective is to align Australia's civil aviation practices with international standards, particularly under the Convention on International Civil Aviation, ensuring that the state of registry and state of design collaborate effectively to maintain the continuing airworthiness of aircraft.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These ADs serve to mandate safety standards and requirements to ensure the continuing airworthiness of aircraft. This authority extends to both domestic and international aircraft registered in Australia, ensuring compliance with international aviation safety standards as set out in Annex 8 to the Convention on International Civil Aviation. An AD is considered a legislative instrument under the Legislative Instruments Act 2003, subject to disallowance under the Acts Interpretation Act 1901. The ADs issued by CASA are typically in response to actions taken by the State of Design, such as the European Aviation Safety Agency's AD 2006-0277 for Diamond Aircraft DA42 aircraft, which CASA has assessed and adopted as Australian AD/DA42/2. Given the international obligations and the nature of these directives, public consultation is generally not required, and they do not necessitate a Regulatory Impact Statement. The issuance of these directives is managed by the Manager, New Technologies and Systems, within CASA's Manufacturing, Certification and New Technologies Office.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) (sections 98 and 39.001 respectively). These directives serve as regulatory instruments to ensure the continuing airworthiness of aircraft types and aeronautical products. Section 39.001(5) of the regulations specifies that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
Under the Civil Aviation Act 1988, CASA must evaluate and, if necessary, issue ADs when the State of Design issues them for aircraft types registered in Australia. This process is guided by Annex 8 to the Convention on International Civil Aviation, which places the responsibility for an aircraft type's continuing airworthiness with the State of Design, and the State of Registry with the country where the aircraft is registered. For instance, CASA has issued AD/DA42/2 following the European EASA's AD 2006-0277 for Diamond Aircraft DA42, reflecting Australia's adherence to international civil aviation obligations.
The obligations imposed by the Act and regulations on parties include ensuring that the State of Design provides necessary information for continuing airworthiness and that the State of Registry develops or adopts requisite requirements for aircraft registered within its jurisdiction. CASA, as the national airworthiness authority, must assess ADs from the State of Design and issue corresponding Australian ADs to mandate the necessary safety measures.
Failure to comply with an AD can result in serious consequences. Under section 84A(2) of the Civil Aviation Act 1988, CASA can take enforcement actions against non-compliant aircraft operators or manufacturers. The specific penalties are not detailed in the provided text but can include fines, operational restrictions, or even grounding of non-compliant aircraft. The Civil Aviation Safety Regulations 1998 may provide further details on the penalties for non-compliance with ADs, which could include administrative penalties or criminal sanctions depending on the severity of the breach.