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.
CASA has raised AD/DHC-1/19 Amendment 1 to correct an unsafe situation on De Havilland DHC-1 aircraft. In 1969 CASA raised the original issue of this AD to mandate the inspection of the Flap system on English manufactured DHC-1 aircraft. A recent review of De Havilland technical documents has shown that the inspection is also applicable to Portuguese manufactured T Mk 20 aircraft. Due to the imminent entry onto the Australian register of a Portuguese Manufactured DHC-1 T Mk 20, CASA has amended the AD to include this model in the applicability of the AD. The amended AD, AD/DHC-1/19 Amendment 2, becomes effective on 21 June 2011. This AD cancels and replaces the previous issue.
CASA has not consulted with the Australian industry and public because this amendment does not alter the AD requirements or compliance.
The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Continuing Airworthiness, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation activities in Australia, ensuring that safety and efficiency are maintained within the industry. Under this Act, the Civil Aviation Safety Regulations 1998 were also established to provide further detail on operational and safety requirements, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The problem addressed by this legislation is the need to ensure the continuing airworthiness of aircraft, particularly in response to international standards set by the International Civil Aviation Organization (ICAO). The policy objective of these regulations is to ensure that aircraft operating in Australia meet the necessary safety standards, both domestically and in accordance with international obligations. CASA, as Australia’s national airworthiness authority, has the responsibility to assess and mandate these standards through ADs, which are legislative instruments subject to disallowance by Parliament.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority conferred by section 98 of the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products, ensuring adherence to safety standards in the interests of air navigation safety. These directives, which are legislative instruments, are mandated by the State of Design for specific aircraft types, with CASA acting on behalf of Australia’s national airworthiness authority. The ADs apply to any aircraft or aeronautical products registered in Australia and are designed to address unsafe conditions identified in the ongoing airworthiness of these entities. The regulations are applicable nationally, extending their reach to all aircraft within Australia's jurisdiction, and ensuring compliance with international standards as set out in Annex 8 to the Convention on International Civil Aviation. Notably, the ADs do not require consultation with the industry or the public when they do not alter the requirements or compliance obligations, as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, in conjunction with regulation 39.001 of the Civil Aviation Safety Regulations 1998, authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the continuing airworthiness of aircraft and aeronautical products. This is in line with international standards set by Annex 8 to the Convention on International Civil Aviation, which places responsibility for the continuing airworthiness of aircraft with the State of Registry. In Australia, CASA is tasked with assessing and implementing ADs for aircraft on the Australian register, particularly when the State of Design issues new or amended ADs for specific aircraft types.
The obligations under the Civil Aviation Safety Regulations 1998 require CASA to evaluate any AD issued by a State of Design and, if deemed necessary, issue a corresponding Australian AD. This ensures that the safety and airworthiness standards are consistently maintained across all aircraft registered in Australia. When CASA issues an AD, it becomes a legislative instrument under the Legislative Instruments Act 2003, which means it carries legal weight and must be adhered to by the relevant parties.
Failing to comply with an AD can result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to enforcement actions by CASA, which may include fines, suspension, or revocation of an aircraft's certificate of airworthiness. The penalties for non-compliance can be severe, both financially and in terms of operational impact, as the failure to adhere to ADs can compromise the safety of the aircraft and those on board. It is therefore imperative for aircraft operators and owners to ensure that all mandated inspections and maintenance actions outlined in the ADs are carried out in a timely and effective manner.