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 the ADs listed in Schedule 1 affecting de Havilland DHC-6 model aircraft. Canada is the State of Design for these types. CASA has assessed the individual ADs and has issued Australian AD/DHC-6/74, which will become effective on 31 August 2006. This AD requires compliance with all applicable Transport Canada ADs listed in Schedule 1.
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, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Schedule 1
Transport Canada AD | Effective Date | Title |
CF-70-10 | 15 January 1971 | Circuit Wires |
CF-71-12 | 30 November 1971 | AC Power |
CF-73-04 | 18 June 1973 | Propeller Auto-Feather |
CF-73-09 | 29 June 1973 | Propeller Auto-Feather Pressure Switch |
CF-75-11 | 1 December 1975 | Reverse Current Relays - Hartman |
CF-75-14 | 1 February 1976 | Float Installation – Water Bombing Operation |
CF-77-08 | 30 September 1977 | Reverse Current Relays |
CF-79-02 | 15 February 1979 | Torque Tube Attachment Bolts |
CF-80-01 | 1 February 1980 | Float Installation – Front Spreader Bars and Struts |
CF-81-05 | 27 February 1981 | Electrical Fire Prevention |
Overview
The Civil Aviation Act 1988 was enacted to provide for the regulation of civil aviation in Australia, with a strong emphasis on safety and national standards. This legislation empowers the Governor-General to make regulations, such as the Civil Aviation Safety Regulations 1998, which authorise the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft or aeronautical products. These ADs are legislative instruments that mandate compliance with international standards and practices as set out in the Convention on International Civil Aviation. The Act and its regulations seek to ensure the continuing airworthiness of aircraft registered in Australia by aligning with the responsibilities of both the State of Design and the State of Registry, with CASA acting as Australia's national airworthiness authority. This ensures that Australia meets its international obligations and maintains the safety of air navigation within its jurisdiction.
The Civil Aviation Safety Regulations 1998, under section 39.001, allow CASA to issue ADs in response to those issued by other countries, such as Canada in the case of de Havilland DHC-6 model aircraft, thereby fulfilling Australia's obligations under the Convention on International Civil Aviation. This AD, issued by CASA, mandates compliance with all applicable Transport Canada ADs listed in Schedule 1 and became effective on 31 August 2006. Given the international nature and necessity of these directives, no public consultation was deemed necessary, and the Office of Regulatory Review determined that a Regulatory Impact Statement was not required. The AD was made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Safety Regulations 1998, as amended by the Civil Aviation (Airworthiness Directives) Legislative Instrument 2006 (F2006L02519), govern the issuing of airworthiness directives for aircraft in Australia. These regulations are applicable to all aircraft registered in Australia and their operators, irrespective of the aircraft's country of manufacture or design. The geographic scope of this legislation is national, as it pertains to all aircraft operating within Australia and ensures compliance with international standards set by the Convention on International Civil Aviation. The Act allows the Civil Aviation Safety Authority (CASA) to issue directives to address safety concerns or deficiencies identified in specific types of aircraft, such as the de Havilland DHC-6 models listed in the accompanying schedule. These directives are a legislative instrument under the Legislative Instruments Act 2003 and are issued in response to airworthiness directives from the State of Design, in this case, Transport Canada. Exemptions or exclusions from these directives are not explicitly mentioned in the text, but compliance is mandatory for all affected aircraft operators in Australia.
Key Provisions
The key provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 require that airworthiness directives (ADs) be issued by the Civil Aviation Safety Authority (CASA) to ensure the continuing safety of aircraft types registered in Australia. Specifically, section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the purposes of the Act, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 mandates that CASA can issue ADs for kinds of aircraft or aeronautical products. This directive is legally binding and is considered a legislative instrument under the Legislative Instruments Act 2003.
The obligations imposed by these regulations require CASA to act on ADs issued by the State of Design, in this case Transport Canada for de Havilland DHC-6 model aircraft. CASA must assess the information provided by Transport Canada and, if appropriate, issue an Australian AD to mandate the compliance with the requirements specified in the Transport Canada ADs. This ensures that all aircraft registered in Australia meet the necessary safety standards. Additionally, the State of Registry, which in this context is Australia, is responsible for ensuring the continuing airworthiness of aircraft within its registry. This includes adopting or developing requirements that align with international standards as set out in Annex 8 to the Convention on International Civil Aviation.
Failure to comply with the requirements set forth in an AD can lead to significant legal consequences. The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly detail the penalties for non-compliance with ADs, but non-compliance with safety regulations generally can result in severe penalties. These may include fines, suspension or revocation of aircraft certificates, and potential criminal charges for individuals found responsible for non-compliance. Such consequences are in place to ensure that all stakeholders prioritise and adhere to the stringent safety standards required for the operation of aircraft within Australian airspace.