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 R2 (corrected 7 November 2007) affecting Diamond DA 42 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/DA42/3, Amendment 2, which will become effective on 16 November 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 Acting 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 provide a comprehensive legal framework for the regulation of civil aviation in Australia, addressing the need for stringent safety and operational standards in the aviation industry. This legislation empowers the Governor-General to make regulations, such as airworthiness directives, to ensure the safety of air navigation. The Civil Aviation Safety Regulations 1998 further detail the procedures and requirements for maintaining the airworthiness of aircraft, with regulation 39.001 specifically authorising the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA). These directives are legislative instruments, as outlined in the Legislative Instruments Act 2003, and are crucial for ensuring that aircraft continue to meet safety standards throughout their operational life. The authority to issue these directives is rooted in Australia's commitments under the Convention on International Civil Aviation, with CASA acting on behalf of the Australian government to enforce these standards.
Scope and Application
The Civil Aviation Act 1988 applies to the regulation of civil aviation in Australia, including the safety and airworthiness of aircraft. Pursuant to the Act, the Civil Aviation Safety Regulations 1998 permit the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA), which are legislative instruments under the Legislative Instruments Act 2003. The ADs apply to specific kinds of aircraft or aeronautical products and are designed to ensure the continuing airworthiness of aircraft registered in Australia, in compliance with international standards set forth in the Convention on International Civil Aviation. These directives are issued in response to assessments of safety risks identified by the State of Design, and CASA must mandate these requirements for aircraft on the Australian Register. The ADs do not require public consultation or a Regulatory Impact Statement, as they are developed in response to international obligations and safety concerns. This legislative framework ensures that the airworthiness of aircraft in Australia aligns with global safety standards and practices.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, grants the Governor-General the authority to make regulations necessary for the safety of air navigation. In accordance with this provision, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are designed to ensure that aircraft meet the necessary safety standards and are fit for operation. It is important to note that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and thus, a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
Compliance with airworthiness directives is crucial for all parties involved. The State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide all necessary information to ensure that the aircraft type remains airworthy. This is in line with Annex 8 to the Convention on International Civil Aviation. The State of Registry, on the other hand, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must assess the information provided and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that the airworthiness standards set by the State of Design are met in Australia.
There are no consultations with the Australian public required for the issuance of ADs because they are issued pursuant to Australia's obligations under the Convention on International Civil Aviation and in response to an AD issued by the relevant State of Design. The Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The AD in question, AD/DA42/3, Amendment 2, was issued by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, in compliance with subsection 84A(2) of the Act.
For violations of airworthiness directives, the Civil Aviation Act 1988 imposes various penalties. Individuals or entities found in breach of an AD may face criminal charges and fines, with the severity of the penalty depending on the nature and extent of the violation. In addition to criminal penalties, there may be civil consequences, such as the suspension or revocation of an aircraft's certificate of airworthiness. These measures are in place to ensure that all aircraft operating in Australia meet the necessary safety standards and to maintain the highest levels of air safety for the benefit of all.