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 UK CAA has issued ADs 2731, 2732 and 2733 affecting De Havilland DH-82 model aircraft. The UK is the State of Design for this type. CASA has assessed these ADs and has issued Australian AD/DH-82/15, which will become effective on 22 November 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Australian Parliament, aims to ensure the safety of air navigation in Australia. Under this Act, the Governor-General has the authority to make regulations for the purpose of ensuring the safety of air navigation, as outlined in section 98. The Civil Aviation Safety Regulations 1998, created under this Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as per regulation 39.001. These ADs serve as legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901 and regulation 39.001(5). Given Australia's commitment to international civil aviation standards under Annex 8 of the Convention on International Civil Aviation, CASA, as Australia’s national airworthiness authority, is obligated to respond to ADs issued by the State of Design, such as the UK in the case of De Havilland DH-82 model aircraft. Consequently, CASA has issued Australian AD/DH-82/15, which will take effect on 22 November 2007, aligning with Australia’s international obligations and the assessment of relevant safety information.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 to ensure the safety of air navigation. These directives apply to specific types of aircraft and aeronautical products, and are mandated by Australia’s obligations under the Convention on International Civil Aviation. CASA, acting as Australia's national airworthiness authority, assesses ADs issued by the State of Design and, when appropriate, issues corresponding Australian ADs to ensure compliance with international standards. This particular AD/DH-82/15, issued in response to UK CAA ADs 2731, 2732, and 2733, targets De Havilland DH-82 model aircraft, reflecting CASA's role in maintaining the continuing airworthiness of aircraft registered in Australia. The AD is a legislative instrument and does not require public consultation or a Regulatory Impact Statement. It is issued by CASA under the authority granted by the Civil Aviation Act 1988 and applies to aircraft registered in Australia that fall under the specified model and type affected by the UK ADs.
Key Provisions
The Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 establish the framework within which airworthiness directives (ADs) are issued to ensure the safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations in the interest of air navigation safety, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. It is important to note that these ADs are legislative instruments as per section 6 of the Legislative Instruments Act 2003, and can be disallowed under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by these regulations are primarily on CASA, as Australia's national airworthiness authority, to assess the information provided by the State of Design and issue corresponding Australian ADs when necessary. This process ensures the continuing airworthiness of aircraft registered in Australia, in compliance with Annex 8 to the Convention on International Civil Aviation. The State of Design, in this case the United Kingdom, has the overarching responsibility for the continuing airworthiness of the aircraft type, and must provide any necessary information to the appropriate States of Registry, which in turn must adopt requirements to ensure airworthiness.
Failure to comply with the ADs can result in severe consequences, both civil and criminal. Under the Civil Aviation Act 1988, non-compliance with an AD may lead to the imposition of administrative penalties, including fines and imprisonment. For instance, section 238 of the Act allows for the imposition of civil penalties for non-compliance, which can reach up to $1,650,000 for corporations and $330,000 for individuals, depending on the severity of the breach. Additionally, criminal penalties can be imposed under section 242 of the Act for breaches involving dangerous operations of aircraft, with maximum penalties of up to 20 years imprisonment for individuals and $1,000,000 for corporations. CASA is responsible for enforcing these provisions and ensuring that the ADs are adhered to by the relevant parties.