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-2005-38 affecting Bombardier DHC-8 aeroplanes. Canada is the State of Design for this aeroplane model. CASA has assessed this AD and has issued Australian AD/DHC-8/105 which will become effective on 19 January 2006.
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.
Overview
The Civil Aviation Act 1988 was enacted to provide for the safety, efficiency and orderly development of civil aviation in Australia and to implement Australia's obligations under the Convention on International Civil Aviation. The Act was introduced to address the need for a comprehensive legal framework governing civil aviation in Australia, ensuring safety and efficient operation in line with international standards. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, further detail the regulatory requirements to maintain airworthiness of aircraft. The Australian Civil Aviation Safety Authority (CASA) is responsible for issuing airworthiness directives (ADs) as mandated by regulation 39.001 of the Civil Aviation Safety Regulations 1998, ensuring these directives comply with Australia's international obligations under the Convention on International Civil Aviation. The ADs are legislative instruments subject to disallowance and review under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, respectively. In this instance, CASA issued Australian AD/DHC-8/105 following assessment of an AD from Canada, the State of Design for Bombardier DHC-8 aeroplanes, without public consultation, as determined by the Office of Regulatory Review.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to entities involved in the operation and maintenance of aircraft within Australia. These regulations are concerned with ensuring the continuing airworthiness of aircraft and aeronautical products, and they allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as legislative instruments. ADs are mandated under Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for ensuring the continuing airworthiness of an aircraft type, with the State of Registry tasked with enforcing these requirements. CASA, as Australia's national airworthiness authority, assesses and issues Australian ADs in response to ADs issued by other States of Design, such as the Canadian AD CF-2005-38 for Bombardier DHC-8 aeroplanes, which CASA has converted into the Australian AD/DHC-8/105. The issuance of these ADs is governed by Australia’s international obligations and does not require public consultation or a Regulatory Impact Statement. The ADs are made by authorised CASA officials in accordance with the Act's provisions.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations that ensure the safety of air navigation. The Civil Aviation Safety Regulations 1998 (section 39.001) specifically allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments, as outlined in section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
Under the Convention on International Civil Aviation, the State of Design, which is the country where the aircraft was designed, is responsible for the continuing airworthiness of the aircraft type. This responsibility includes providing necessary information to the State of Registry, which is the country where the aircraft is registered. For example, if Transport Canada, the State of Design for Bombardier DHC-8 aeroplanes, issues an AD, CASA, as Australia's national airworthiness authority, must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
Issuing an AD under the Civil Aviation Safety Regulations 1998 does not require consultation with the Australian public, as these directives are issued to meet international obligations and in response to ADs from the relevant State of Design. The Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The AD is created 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.
Failing to comply with the requirements of an AD can result in severe consequences. Under the Civil Aviation Act 1988, the non-compliance with airworthiness directives is considered an offence, potentially leading to civil or criminal penalties. The maximum penalties can include substantial fines and imprisonment, depending on the severity of the breach. CASA has the authority to enforce these regulations, including taking legal action against those who do not adhere to the ADs. These measures are in place to ensure that aircraft remain safe and airworthy, thereby protecting public safety and maintaining the integrity of the aviation system.