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-2005-39 affecting Bombardier Model DHC-8 aircraft. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DHC-8/106, which will become effective on 16 February 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, Airframes, 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, enacted to ensure the safety of air navigation, was introduced to establish a comprehensive framework for the regulation of civil aviation in Australia. The Act empowers the Governor-General to create regulations under section 98, with the overarching aim of safeguarding the public through the safe operation of aircraft. The Civil Aviation Safety Regulations 1998 further detail the regulatory requirements, including the issuance of airworthiness directives (ADs) under regulation 39.001. These directives are legislative instruments, as specified under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. ADs are issued in compliance with international standards, particularly under Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design maintain the continuing airworthiness of an aircraft type and provide necessary information to States of Registry. In Australia, the Civil Aviation Safety Authority (CASA) assumes the responsibility of ensuring the continuing airworthiness of aircraft registered in Australia. This involves CASA issuing Australian ADs in response to directives issued by the aircraft's State of Design, thereby fulfilling Australia's international obligations.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. Under this framework, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) as a means of maintaining the continuing airworthiness of aircraft registered in Australia. These ADs are mandatory and apply to specific types or models of aircraft or aeronautical products. The issuance of ADs is governed by regulation 39.001 of the Civil Aviation Safety Regulations 1998, and these directives are considered legislative instruments under the Legislative Instruments Act 2003. The ADs issued by CASA are typically in response to obligations under the Convention on International Civil Aviation, which mandates that the State of Design for a particular aircraft type is responsible for providing necessary information to ensure continuing airworthiness. The State of Registry, in this case CASA, must then assess this information and, if deemed necessary, issue an Australian AD to enforce the requirements of the State of Design. The scope of these directives extends to all aircraft of the specified type registered in Australia, encompassing various industries and entities involved in aviation. While ADs are subject to the disallowance process outlined in the Acts Interpretation Act 1901, they do not require public consultation or a Regulatory Impact Statement as determined by the Office of Regulatory Review.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 permit the Governor-General to make regulations for the safety of air navigation (section 98), and allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products (regulation 39.001). These ADs are considered legislative instruments and must comply with relevant acts such as the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are a form of continuing airworthiness information and are issued in accordance with the responsibilities outlined in Annex 8 of the Convention on International Civil Aviation.
The obligations imposed on parties governed by these regulations include ensuring the continuing airworthiness of aircraft types. The State of Design has a responsibility to provide necessary information to ensure the airworthiness of aircraft types, which includes issuing ADs. The State of Registry must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. For instance, when Canada, as the State of Design, issues an AD, CASA must assess this information and, if appropriate, issue an Australian AD. This obligation ensures that all aircraft registered in Australia meet international safety standards.
Breaching the requirements of an AD can result in serious consequences. Under the Civil Aviation Act 1988, failure to comply with an AD can lead to criminal and civil penalties. The Act does not specify maximum penalties for breaches of ADs, but the consequences can include fines and potential imprisonment for individuals, as well as fines for corporations. CASA has the authority to enforce these regulations, and non-compliance can result in actions such as grounding of aircraft, revocation of airworthiness certificates, or other enforcement measures deemed necessary to ensure compliance and maintain safety standards.