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-51-05 affecting Canadian DHC-1 aircraft. TCCA is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DHC-1/43 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 Manager, Initial Airworthiness/New Technology and Regulatory Trends, 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 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, addressing the need for a comprehensive legal structure to govern the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations to ensure the safety of air navigation, with the Civil Aviation Safety Regulations 1998 providing further detail on the implementation of these safety measures. One such measure is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) to maintain the continuing airworthiness of aircraft. This legislative instrument approach aligns with international standards set by the Convention on International Civil Aviation, under which the State of Design is responsible for the continuing airworthiness of an aircraft type. CASA, as Australia's national airworthiness authority, is tasked with ensuring that Australian aircraft comply with these international standards by issuing appropriate ADs in response to directives from States of Design.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) for aircraft and aeronautical products in Australia. The Act authorises the Governor-General to make regulations that promote the safety of air navigation, and under these provisions, the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Legislative Instruments Act 2003, subject to disallowance under the Acts Interpretation Act 1901. The ADs are integral to ensuring the continuing airworthiness of aircraft, a responsibility shared between the State of Design, which provides initial airworthiness information, and the State of Registry, which must implement these requirements on individual aircraft. In the case of Australian-registered aircraft, CASA, as the national airworthiness authority, assesses ADs issued by other countries' aviation authorities and may issue corresponding Australian ADs to ensure compliance with international standards under the Convention on International Civil Aviation. Notably, ADs are not subject to public consultation or Regulatory Impact Statements, reflecting their technical and regulatory nature.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Act empowers the Governor-General to make regulations that serve the interests of air navigation safety. Regulation 39.001 specifically allows CASA to issue ADs for types of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are classified as disallowable instruments under the Acts Interpretation Act 1901, and hence are considered legislative instruments in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations on CASA and other parties are significant. CASA, as Australia’s national airworthiness authority, must evaluate any AD issued by the State of Design and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. The State of Design, such as Transport Canada for the DHC-1 aircraft, has the responsibility to provide information to ensure the continuing airworthiness of an aircraft type, while the State of Registry, such as CASA in Australia, must ensure the ongoing airworthiness of individual aircraft. This involves developing or adopting requirements to maintain airworthiness standards, in line with Annex 8 to the Convention on International Civil Aviation.
Failure to comply with ADs can result in serious consequences. Although ADs are issued without public consultation due to international obligations and the nature of the ADs themselves, any breach of the mandated requirements can lead to civil or criminal penalties. The specific consequences for non-compliance are not detailed in the provided text, but generally, such breaches could result in fines, enforcement actions, or even criminal charges, depending on the severity and intent behind the non-compliance. The maximum penalties, however, would be determined by the relevant legislation governing aviation safety at the time.