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 2007-0183 R1 affecting Diamond DA 42 model aircraft. The EASA acts on behalf of Germany, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/DA 42/3, Amendment 1, which will become effective on 7 September 2007. 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 Manager, Systems and New Technologies in the Airworthiness Engineering Branch, 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 legal framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation. In line with this objective, the Governor-General has the authority to create regulations that promote air navigation safety, as outlined in section 98 of the Act. The Civil Aviation Safety Regulations 1998 further detail these provisions, specifically under regulation 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments that are subject to disallowance under the Acts Interpretation Act 1901 and are recognised as such by the Legislative Instruments Act 2003. The aim of these regulations is to align with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design bear the responsibility for an aircraft type's continuing airworthiness. Consequently, when a State of Design issues an AD, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design, thereby ensuring compliance with international obligations and maintaining safety standards.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) aimed at ensuring the safety of air navigation. These directives apply to specific kinds of aircraft or aeronautical products, thereby affecting the entities and individuals involved in the manufacture, registration, and operation of these aircraft within Australia. This regulatory reach extends nationally, reflecting Australia's commitment to international civil aviation standards as stipulated in Annex 8 to the Convention on International Civil Aviation. The State of Design, such as Germany in the case of the Diamond DA 42 model aircraft, holds primary responsibility for ensuring the continuing airworthiness of aircraft types, and CASA, as Australia's national airworthiness authority, must assess and, if necessary, issue corresponding Australian ADs. The process for issuing such directives is formal and does not require public consultation, as it is driven by international obligations and assessments of safety risks. The ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901, and are not required to undergo a Regulatory Impact Statement assessment.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legislative framework for the issuance of airworthiness directives (ADs). According to section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to create regulations that serve the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. An AD, as defined in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and is therefore considered a legislative instrument in accordance with section 6 of the Legislative Instruments Act 2003.
The primary obligations imposed by this legislation are aligned with international standards set by the International Civil Aviation Organization (ICAO). The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure the airworthiness of the aircraft type to the appropriate States of Registry. The State of Registry, in this case CASA, must then assess the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This process ensures that aircraft registered in Australia meet international safety standards and continue to be airworthy. CASA’s role includes the assessment of ADs issued by other countries and the issuance of corresponding Australian ADs when appropriate.
There are no specific offences or penalties outlined in the Civil Aviation Act 1988 or the Civil Aviation Safety Regulations 1998 regarding the issuance of ADs themselves. However, the consequences for non-compliance with an AD can be significant. Operators who fail to comply with an AD may face regulatory action, including fines and penalties, which can vary depending on the severity and circumstances of the non-compliance. The specific penalties for non-compliance with airworthiness directives are not detailed in the provided text but are likely to be outlined in other sections of the Civil Aviation Act 1988 and related regulations. Operators are expected to adhere to ADs to ensure the safety and airworthiness of their aircraft, and failure to do so can result in enforcement actions by CASA.