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 004-02-95 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-1/34, Amendment 2, to include the Portuguese manufactured model. This AD will become effective on 21 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, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. Under this Act, the Governor-General has the authority to make regulations that serve the interests of safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance, as stipulated in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The objective of these regulations is to align with international standards, particularly those set forth in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design holds responsibility for the continuing airworthiness of an aircraft type and must supply necessary information to the States of Registry to ensure ongoing compliance. CASA, as Australia's national airworthiness authority, is tasked with assessing such international directives and issuing corresponding Australian ADs when necessary to uphold the safety standards.
Scope and Application
The Civil Aviation (Airworthiness Directives) Determination 2011, under the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998, applies to all aircraft on the Australian Civil Aircraft Register, including both domestically manufactured and foreign aircraft types operating within Australia. This legislation ensures that the Civil Aviation Safety Authority (CASA) can mandate airworthiness requirements for aircraft types designed by foreign States but registered in Australia. The regulation is in response to international obligations under the Convention on International Civil Aviation, which requires States of Design to provide continuing airworthiness information, and mandates that States of Registry, in this case CASA, implement these requirements domestically. The ADs are legislative instruments that do not require public consultation or a Regulatory Impact Statement due to their technical nature and alignment with international standards. The ADs are issued by CASA to maintain the safety of air navigation, and they may extend their application to include foreign-manufactured aircraft models entering the Australian register.
Key Provisions
The key operative sections of the Civil Aviation Safety Regulations 1998, particularly regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. According to section 98 of the Civil Aviation Act 1988, the Governor-General may establish these regulations to ensure the safety of air navigation, thereby making it possible for CASA to mandate certain safety standards and requirements through ADs. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are recognised as legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations are primarily centred on ensuring the continuing airworthiness of aircraft registered in Australia. Under the provisions of Annex 8 to the Convention on International Civil Aviation, the State of Design holds the overarching responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry to ensure safety. CASA, as Australia’s national airworthiness authority, must assess information from the State of Design and, if appropriate, issue corresponding Australian ADs to mandate the necessary safety requirements. This ensures that all aircraft registered in Australia meet the required safety standards, irrespective of their country of manufacture.
Breaching the obligations set forth by the Civil Aviation Safety Regulations 1998 can result in significant consequences. While the text does not specify particular offences or penalties directly, it is implicit that non-compliance with ADs can lead to serious safety risks, which may result in both civil and criminal liabilities. Operators failing to adhere to ADs could face enforcement actions from CASA, which might include fines, suspension of airworthiness certificates, or other regulatory sanctions. The severity of penalties can vary based on the nature and extent of the non-compliance, but the overarching goal is to ensure that all parties comply with the mandated safety standards to protect public safety in air navigation.