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 2008-0136 affecting Diamond Aircraft Industries DA 42 model aircraft. The EASA acts on behalf of the Austria, the State of Design for these types. CASA has assessed this AD and has issued Australian AD/DA42/6, which will become effective on 8 August 2008.
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 regulate the safety of air navigation and ensure the continuing airworthiness of aircraft in Australia. The Act empowers the Governor-General to make regulations, including the issuance of airworthiness directives (ADs) through regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs serve as legislative instruments under the Legislative Instruments Act 2003, ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). In line with Annex 8 of the Convention on International Civil Aviation, the State of Design retains responsibility for the continuing airworthiness of an aircraft type, while the State of Registry, in this case CASA as Australia’s national airworthiness authority, is responsible for implementing the necessary requirements on registered aircraft. This legislative framework ensures that Australia adheres to international obligations and maintains the safety of its civil aviation operations.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs apply to all aircraft and aeronautical products registered in Australia and are issued to ensure the continuing airworthiness of such aircraft. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers CASA to issue ADs. These directives are considered legislative instruments and must adhere to the requirements of the Legislative Instruments Act 2003. The ADs are issued in response to international obligations under the Convention on International Civil Aviation, particularly in relation to the responsibilities of the State of Design and the State of Registry to ensure the airworthiness of aircraft. As such, when an AD is issued by another state's aviation authority, CASA must assess the information and, if necessary, issue a corresponding Australian AD. This process is exemplified by the issuance of AD/DA42/6 in response to the EASA’s AD 2008-0136 for Diamond Aircraft Industries DA 42 model aircraft. The issuance of these ADs is conducted without public consultation, as determined by the Office of Best Practice Regulation, which also found that a Regulatory Impact Statement is not required. The ADs are issued by the Manager, Systems and New Technologies in the Airworthiness Engineering Branch of CASA, in accordance with the provisions of the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, particularly section 98, provides the Governor-General with the authority to enact regulations aimed at ensuring the safety of air navigation. Under this provision, the Civil Aviation Safety Regulations 1998, regulation 39.001, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives serve to maintain and ensure the continuing airworthiness of aircraft, a critical aspect of aviation safety.
The obligations imposed by the Act and its regulations are significant. CASA, as Australia's national airworthiness authority, must assess any ADs issued by the State of Design of an aircraft type, such as the European Aviation Safety Authority (EASA) for Diamond Aircraft Industries DA 42 models. Once an AD is assessed and deemed appropriate, CASA must issue a corresponding Australian AD to enforce the requirements set by the State of Design. The State of Registry, which in this context is Australia, holds the responsibility for ensuring the continuing airworthiness of individual aircraft. This involves developing or adopting the necessary requirements to meet international standards, as outlined in Annex 8 to the Convention on International Civil Aviation.
Failure to comply with an AD can lead to serious consequences. While the specific offences and penalties are not detailed in the text, it is clear that non-compliance with airworthiness directives can result in both civil and criminal penalties. The severity of these penalties can vary, but they are intended to enforce adherence to safety standards and ensure the integrity of air navigation safety protocols. The legislative process for issuing these ADs, as described, ensures that they are made with due consideration of their necessity and alignment with international standards, but without the need for extensive public consultation or a Regulatory Impact Statement.