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 United Kingdom Civil Aviation Authority issued AD 2807 affecting English produced DHC-1 aircraft, however the inspection required by the AD also affects the Portuguese manufactured T Mk 20 model. The United Kingdom is the State of Design for this type. CASA has assessed this AD and due to the imminent entry onto the Australian Civil Register of a Portuguese manufactured DHC-1 T Mk 20 aircraft, CASA has issued Australian AD/DHC-1/28, Amendment 10, to include the Portuguese manufactured model. This AD will become effective on 23 June 2011. 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 Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Continuing Airworthiness, in the Airworthiness and Engineering Branch, Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia. The Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. In particular, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. The objective of the ADs is to ensure the continuing airworthiness of aircraft, as mandated by the State of Design, in accordance with the Convention on International Civil Aviation. This regulatory approach ensures that CASA, as Australia’s national airworthiness authority, can mandate the necessary requirements for aircraft entering the Australian Civil Register, as illustrated in the case of the Portuguese manufactured DHC-1 T Mk 20 aircraft. The ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are issued without the need for public consultation or a Regulatory Impact Statement due to their alignment with international obligations.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legislative framework governing the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Act, the Governor-General is empowered to make regulations in the interests of the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance and oversight as per the Legislative Instruments Act 2003. The issuance of these directives is in line with Australia’s obligations under the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Design has overall responsibility for the continuing airworthiness of an aircraft type, while the State of Registry ensures the airworthiness of individual aircraft. In practice, this means that when a State of Design issues an AD, CASA must assess the information and, if necessary, issue a corresponding Australian AD to ensure compliance with international standards. This process ensures that aircraft registered in Australia meet the required safety standards, as demonstrated by the issuance of AD/DHC-1/28, Amendment 10, for a Portuguese manufactured DHC-1 T Mk 20 aircraft in response to a UK AD.
Key Provisions
The key sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 that pertain to the issuing of airworthiness directives (ADs) are sections 98 and 39.001 respectively. Under section 98, the Governor-General is empowered to make regulations that serve the safety of air navigation, while regulation 39.001 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. The ADs are a reflection of the State of Design's responsibility for the continuing airworthiness of an aircraft type, as stipulated in Annex 8 to the Convention on International Civil Aviation.
The obligations imposed by these provisions require CASA, as the national airworthiness authority, to evaluate any AD issued by a State of Design that pertains to aircraft types on the Australian Register. If deemed appropriate, CASA must then issue an Australian AD to enforce the requirements of the original AD. This is particularly important in cases such as the AD 2807 issued by the United Kingdom Civil Aviation Authority for English-produced DHC-1 aircraft, which also impacts the Portuguese-manufactured T Mk 20 model. In this instance, CASA issued Australian AD/DHC-1/28, Amendment 10, to incorporate the Portuguese model, effective from 23 June 2011.
The ADs are issued in accordance with Australia's international obligations under the Convention on International Civil Aviation and as a response to ADs raised by the relevant State of Design. Therefore, the Office of Regulatory Review has determined that these ADs do not require public consultation or a Regulatory Impact Statement. The ADs are made by the Manager, Continuing Airworthiness, within CASA's Airworthiness and Engineering Branch, Standards Development and Future Technology Division, in line with subsection 94(1) of the Civil Aviation Act 1988.
The Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences, penalties, or civil and criminal consequences for breach of ADs. However, non-compliance with ADs can lead to severe consequences, including the potential for CASA to suspend or revoke an aircraft's certificate of airworthiness. This can result in the aircraft being grounded and unable to fly until the required actions are taken to address the issues identified in the AD. Furthermore, individuals or organisations found to be in breach of ADs may face legal action, fines, and other penalties under applicable aviation and safety legislation. The exact penalties would depend on the nature and severity of the breach, and would be determined by the relevant authorities.