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 Civil Aviation Safety Authority or its predecessors issued AD/DHC-6/3 affecting De Havilland DHC-6 (Twin Otter) model aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DHC-6/3. The cancellation will become effective on 20 November 2008. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframe and Structures in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to provide a legal framework for the regulation of civil aviation in Australia, aiming to ensure safety in air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were also established to further detail the regulatory requirements. The Act empowers the Governor-General to create regulations that serve the interests of safety, while regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for types of aircraft or aeronautical products. This legislative framework is designed to meet Australia’s obligations under the Convention on International Civil Aviation, ensuring that the State of Design has the primary responsibility for the continuing airworthiness of an aircraft type, and the State of Registry is responsible for the airworthiness of individual aircraft. The policy objective of these regulations is to maintain and enhance the safety of air navigation by mandating necessary actions when unsafe conditions are identified in aircraft design or operation.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, governs the issuance of airworthiness directives (ADs) which pertain to the safety and airworthiness of aircraft and aeronautical products. These regulations apply to all entities involved in the aviation sector, including aircraft manufacturers, operators, and maintenance providers within Australia and its territories. The ADs serve as regulatory instruments under section 98 of the Civil Aviation Act, empowering the Governor-General to enact such regulations to ensure the safety of air navigation. The Civil Aviation Safety Authority (CASA) has the authority to issue these directives under regulation 39.001 of the Civil Aviation Safety Regulations 1998, and these directives are considered disallowable instruments as per section 46A of the Acts Interpretation Act 1901. This legislative framework ensures that Australia aligns with international standards, particularly under Annex 8 to the Convention on International Civil Aviation, where the State of Design holds the primary responsibility for the continuing airworthiness of aircraft types. CASA, as Australia's national airworthiness authority, must review and, if necessary, issue Australian ADs to enforce the requirements set by the State of Design. The geographic reach of these regulations is national, extending to all aircraft registered within Australia.
Key Provisions
The Civil Aviation Act 1988, in section 98, empowers the Governor-General to enact regulations for the Act's purposes and in the interests of air navigation safety. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legally binding instruments under subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, and they fall within the definition of legislative instruments as per section 6 of the Legislative Instruments Act 2003. The State of Design of an aircraft, as stipulated in Annex 8 to the Convention on International Civil Aviation, bears the primary responsibility for ensuring the continuing airworthiness of the aircraft type, including providing necessary information to the States of Registry. In turn, the State of Registry must establish or adopt requirements to maintain the airworthiness of individual aircraft. When an AD is issued by a State of Design against an aircraft type on the Australian register, CASA, as the national airworthiness authority, must evaluate this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
Entities governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 face specific obligations and requirements to comply with ADs. The State of Design must continuously monitor and manage the airworthiness of their aircraft types, issuing ADs as needed to address any safety issues. For the State of Registry, this means developing or adopting adequate requirements to maintain the airworthiness of registered aircraft, including implementing Australian ADs issued by CASA. Aircraft operators must adhere to all ADs applicable to their aircraft, ensuring compliance with the specified maintenance, repair, or operational procedures to maintain the aircraft's airworthiness.
The legislation also delineates consequences for non-compliance with ADs. Under section 215 of the Civil Aviation Act 1988, failure to comply with an AD is an offence. The Act specifies that an offence against this provision is punishable by a fine of up to 120 penalty units, which, at the time of writing, equates to approximately AUD 13,560 for individuals and AUD 67,800 for bodies corporate. Additionally, persistent non-compliance can lead to more severe penalties, including imprisonment for up to two years. The Act also provides for civil penalties, such as fines, and the possibility of legal action to enforce compliance. Furthermore, non-compliance with ADs can result in the grounding of an aircraft, potentially leading to significant operational disruptions and safety risks.