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 has issued AD CF-2001-37R1 affecting de Havilland Canada
DHC-3 model aircraft. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DHC-3/37, Amendment 1, which will become effective on 10 April 2008. 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legislative framework for the regulation of civil aviation in Australia, focusing primarily 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 the Civil Aviation Safety Regulations 1998 further outline the processes and requirements for maintaining airworthiness. Regulation 39.001 of these Safety Regulations empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs), which are formal and enforceable safety instructions regarding aircraft or aeronautical products. These directives are considered legislative instruments and are subject to disallowance as per the Acts Interpretation Act 1901. The policy objective of these regulations is to align with international standards and practices, ensuring that Australian aviation maintains the highest safety standards in accordance with the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is tasked with issuing ADs when necessary, reflecting obligations under international agreements and the need to address safety issues raised by the State of Design.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, thereby ensuring the safety of air navigation as per section 98 of the Act. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 mandates that CASA must assess and, if appropriate, issue Australian ADs to enforce the requirements of the State of Design, particularly when such directives are issued in response to international obligations under the Convention on International Civil Aviation. This process ensures the continuing airworthiness of aircraft registered in Australia. The AD in question, AD/DHC-3/37, Amendment 1, pertains to de Havilland Canada DHC-3 model aircraft, addressing safety directives issued by Transport Canada, the State of Design. This Australian AD, issued by CASA, cancels and replaces the previous directive, becoming effective on 10 April 2008. The AD was made by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, in accordance with the Act, and does not require a Regulatory Impact Statement or consultation of the Australian public, as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations to ensure the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. These ADs are legislative instruments under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
The obligations under these regulations are primarily on CASA as Australia's national airworthiness authority. When an AD is issued by a State of Design, such as Canada in the case of the de Havilland Canada DHC-3 model aircraft, CASA is required to assess the AD and, if appropriate, issue an Australian AD to mandate the requirements. This ensures that the continuing airworthiness of the aircraft type is maintained in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in this case is Australia, must also ensure the continuing airworthiness of the aircraft by developing or adopting necessary requirements.
The ADs are issued without public consultation as they are mandated by international agreements and in response to directives from the State of Design. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement. The AD is issued by the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch on behalf of CASA, as per subsection 84A(2) of the Civil Aviation Act 1988.
Failure to comply with an AD can result in serious consequences, including potential penalties under the Civil Aviation Act 1988. The specific civil or criminal penalties can vary depending on the nature and severity of the breach. However, the overarching principle is that compliance with ADs is mandatory to ensure the safety of air navigation, and non-compliance can lead to enforcement actions by CASA.