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 G-2009-0001 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-1/39, Amendment 1, 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, ensuring safety and efficiency in air navigation and other aviation activities. This Act empowers the Governor-General to make regulations for the interests of air navigation safety. A key regulation under this Act is the Civil Aviation Safety Regulations 1998, which, among other provisions, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as critical tools in maintaining the continuing airworthiness of aircraft, aligning with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. The objective of these regulations is to ensure that aircraft registered in Australia meet the necessary safety standards, thereby safeguarding the public and enhancing the overall safety of air navigation.
Scope and Application
The Civil Aviation Safety Regulations 1998, as specified in F2011L01125, mandate that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This regulatory measure is grounded in the Civil Aviation Act 1988, which empowers the Governor-General to enact such regulations in the interest of air navigation safety. These ADs are applicable to all aircraft or aeronautical products registered in Australia, ensuring compliance with international standards as stipulated by Annex 8 to the Convention on International Civil Aviation. The ADs are legislative instruments under the Acts Interpretation Act 1901 and are subject to disallowance. The ADs are designed to address issues identified by the State of Design and require the State of Registry to implement the mandated safety measures. In this particular case, CASA has issued an AD for the Portuguese manufactured DHC-1 T Mk 20 model, reflecting Australia’s adherence to international civil aviation agreements and the requirement for harmonised airworthiness standards across different jurisdictions. This directive does not necessitate public consultation or a Regulatory Impact Statement, aligning with the determinations of the Office of Regulatory Review.
Key Provisions
The key provisions of this legislation pertain primarily to the issuance of airworthiness directives (ADs) under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for types of aircraft or aeronautical products. It is important to note that these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and as such, they are legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations imposed by this legislation primarily concern the continuing airworthiness of aircraft. According to Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to the appropriate States of Registry to ensure airworthiness. The State of Registry, in this case CASA as Australia's national airworthiness authority, must then develop or adopt requirements to ensure the continuing airworthiness of aircraft on the Australian register. In this instance, CASA has assessed the United Kingdom's AD G-2009-0001, which affects Portuguese manufactured DHC-1 T Mk 20 aircraft, and issued Australian AD/DHC-1/39, Amendment 1, to mandate the requirements of the State of Design.
There are no direct offences, penalties, or civil/criminal consequences outlined in this specific legislation for the breach of ADs. However, the overarching Civil Aviation Act 1988 and associated regulations do provide for various offences and penalties related to non-compliance with airworthiness requirements. These may include fines, imprisonment, or both, depending on the severity of the breach and the specific provisions of the Act or regulations being contravened. The maximum penalties for such offences can vary widely and are determined by the specific provision being breached.