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-2007-31 affecting DHC-6 model aircraft. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DHC-6/75, which will become effective on 5 June 2008.
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 Manager, Airframes 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 comprehensive framework for the regulation of civil aviation in Australia, addressing the need for safety and efficiency in air navigation. This Act empowers the Governor-General to make regulations to ensure the safety of air navigation, as illustrated by the issuance of airworthiness directives under the Civil Aviation Safety Regulations 1998. The Civil Aviation Safety Regulations 1998, in particular, enable the Civil Aviation Safety Authority (CASA) to issue airworthiness directives for specific kinds of aircraft or aeronautical products, thus enforcing compliance with safety standards. The policy objective of these regulations is to maintain the highest possible safety standards in Australian civil aviation, in line with international obligations under the Convention on International Civil Aviation. The Manager, Airframes in the Airworthiness Engineering Branch issues these directives on behalf of CASA, ensuring that the safety directives issued are in accordance with the legislative framework provided by the Civil Aviation Act 1988.
Scope and Application
The Civil Aviation Safety Regulations 1998, which derive from the Civil Aviation Act 1988, establish the framework within which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs). Regulation 39.001 of these Regulations empowers CASA to issue ADs for specific types of aircraft or aeronautical products, ensuring the continuing airworthiness of these items in accordance with safety standards. These directives are legislative instruments, subject to disallowance and oversight as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The application of these ADs is primarily governed by Australia’s obligations under the Convention on International Civil Aviation, specifically Annex 8, which delineates the responsibilities of the State of Design and the State of Registry in maintaining airworthiness. CASA, as Australia’s national airworthiness authority, must ensure that Australian aircraft meet these international standards by issuing corresponding ADs when necessary. This process is exemplified by the issuance of Australian AD/DHC-6/75 in response to an AD issued by Transport Canada for DHC-6 model aircraft. While the ADs are issued under the auspices of international obligations and in response to directives from the State of Design, they do not typically require public consultation or a Regulatory Impact Statement as determined by the Office of Best Practice Regulation.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to create regulations for the Act’s purpose, particularly focusing on the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 further stipulates that the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. Section 39.001(5) clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thus making it a legislative instrument as per section 6 of the Legislative Instruments Act 2003. These regulations and directives aim to ensure the safety and airworthiness of aircraft by establishing and enforcing necessary safety standards.
The obligations imposed by these provisions on CASA and other entities include ensuring that the continuing airworthiness of aircraft types is maintained. The State of Design has the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft. When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must assess the information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. This process ensures that Australian aircraft comply with international safety standards and obligations under the Convention on International Civil Aviation.
Failure to comply with airworthiness directives can result in severe consequences. Under the Civil Aviation Act 1988, non-compliance with ADs can be considered an offence, leading to potential criminal penalties. The Civil Aviation Safety Regulations 1998 outline specific penalties for non-compliance, which can include fines and imprisonment. Additionally, non-compliance with ADs can result in the grounding of aircraft, which can have significant operational and financial repercussions for airlines and operators. Ensuring adherence to these directives is crucial for maintaining the safety and airworthiness of aircraft operating in Australia.