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.
Transport Canada have issued AD CF-52-04 affecting Canadian DHC-1 aircraft. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DHC-1/42 which will become effective on 12 August 2011.
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 A/Manager, Continuing Airworthiness in the Airworthiness and Engineering Branch, on behalf of CASA, in accordance with subsection 94 (1) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, addresses the regulation of civil aviation in Australia to ensure safety and efficiency in air navigation. This legislation, among other provisions, empowers the Governor-General to make regulations under section 98, which are integral to maintaining the safety of air navigation. Complementing the Act, the Civil Aviation Safety Regulations 1998 under regulation 39.001 allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs serve as legislative instruments, as stipulated in the Legislative Instruments Act 2003, and are essential for ensuring the continuing airworthiness of aircraft as per international standards set by the International Civil Aviation Organization (ICAO).
In line with Australia’s obligations under the Convention on International Civil Aviation, CASA issues ADs to mandate the requirements of the State of Design when they issue an AD for a type of aircraft registered in Australia. This ensures compliance with international standards and maintains the safety of air navigation within Australia. The ADs are issued without public consultation, as they respond directly to international directives and obligations, and do not require a Regulatory Impact Statement as per the Office of Regulatory Review.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, ensuring compliance with the overarching goal of maintaining safety in air navigation as stipulated in the Civil Aviation Act 1988. These ADs serve as legislative instruments, disallowable under the Acts Interpretation Act 1901, and are integral to the continuing airworthiness of aircraft as per Annex 8 of the Convention on International Civil Aviation. CASA, as the national airworthiness authority in Australia, is tasked with assessing and issuing these directives, especially when responding to ADs from the State of Design, which bears the responsibility for the continuing airworthiness of an aircraft type. This regulatory framework applies to all aircraft on the Australian Register, necessitating that the State of Registry adopt requisite measures to uphold airworthiness standards. ADs are a critical mechanism for disseminating continuing airworthiness information, and in cases where Australia's obligations under international conventions necessitate the issuance of ADs, no public consultation is required. Furthermore, the Office of Regulatory Review has ascertained that such ADs do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, as amended by the Civil Aviation Safety Regulations 1998, allows the Governor-General to issue regulations to ensure the safety of air navigation (section 98). In particular, regulation 39.001 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 that can be disallowed under the Acts Interpretation Act 1901 and are subject to the requirements of the Legislative Instruments Act 2003. This regulatory framework ensures that ADs are systematically issued to maintain the safety and airworthiness of aircraft operating in Australia.
The obligations imposed by the Act and regulations on the parties or entities they govern are comprehensive and aimed at maintaining high safety standards. The State of Design has the primary responsibility for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry, which in turn must develop or adopt requirements to maintain airworthiness. When an AD is issued by the State of Design, CASA is mandated to assess this information and, if appropriate, issue an Australian AD. This process ensures that Australian aircraft comply with international standards and local regulatory requirements.
Failure to comply with ADs can result in severe consequences. Although specific offences and penalties are not detailed in the provided text, breaches of ADs can lead to enforcement actions under the Civil Aviation Act 1988. Non-compliance may result in fines, imprisonment, or other civil or criminal penalties as prescribed by the Act. Such measures underscore the importance of adhering to ADs to ensure the safety and airworthiness of aircraft. The rigorous nature of these obligations reflects the critical role that ADs play in maintaining aviation safety standards both nationally and internationally.