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-73-11 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-6/76, 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, enacted by the Australian Parliament, aims to ensure the safety of air navigation, amongst other objectives. Under this Act, the Governor-General has the authority to issue regulations to promote safety in air navigation. Specifically, the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, which are legislative instruments. The ADs are critical for maintaining the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). When a State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must review and, if necessary, issue an Australian AD to enforce the requirements. This process ensures that Australian aircraft comply with international safety standards, thereby safeguarding air navigation safety.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, governs the regulation of airworthiness directives (ADs) in Australia, ensuring safety in air navigation. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific kinds of aircraft or aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore qualify as legislative instruments pursuant to the Legislative Instruments Act 2003. The ADs are typically issued in response to obligations under international conventions, such as Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design holds responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure this. Australia, as the State of Registry for certain aircraft types, must then assess this information and, if deemed necessary, issue an Australian AD to enforce the requirements set by the State of Design. This process ensures that the ADs issued by CASA are consistent with international standards and obligations, while maintaining the safety standards within Australia's jurisdiction.
Key Provisions
The Civil Aviation Safety Regulations 1998, specifically under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products (section 39.001(5)). These directives are legislative instruments that are issued to ensure the safety of air navigation (section 98 of the Civil Aviation Act 1988). The authority to issue ADs is derived from Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design—the country responsible for the design of an aircraft—must provide information to ensure the continuing airworthiness of an aircraft type. When such information is provided by the State of Design, CASA, as Australia's national airworthiness authority, must review it and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
Under the Civil Aviation Safety Regulations 1998, CASA has issued AD/DHC-6/76 in response to Transport Canada's AD CF-73-11 affecting DHC-6 model aircraft. Canada, as the State of Design for the DHC-6, issued the original AD, and CASA has subsequently issued the Australian AD, which will take effect on 5 June 2008. Because this AD is issued in response to international obligations and the original AD from the State of Design, no public consultation has taken place, and it has been determined that a Regulatory Impact Statement is not necessary. This AD is made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Entities and individuals governed by the Civil Aviation Safety Regulations 1998 must comply with any ADs issued by CASA. This includes aircraft operators, maintenance organisations, and other relevant parties who must adhere to the specified requirements within the mandated timeframes to ensure compliance with airworthiness standards. Failure to comply with an AD can result in severe consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to civil penalties, including fines, as well as criminal penalties for more serious breaches. The maximum penalties for these offences can vary, but they may include significant fines and potential imprisonment, depending on the severity and impact of the non-compliance on aviation safety. It is imperative for all affected parties to be aware of and adhere to the requirements outlined in any issued AD to avoid these serious consequences.