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.
The Transport Canada has issued AD CF-2003-28 affecting Bombardier DHC-8-400 model aircraft. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DHC-8/111, which will become effective on 16 March 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 by the Commonwealth Parliament, is designed to regulate civil aviation activities within Australia, with a primary focus on ensuring the safety and efficiency of air navigation. Section 98 of the Act empowers the Governor-General to create regulations that serve the interests of air navigation safety. In line with this mandate, the Civil Aviation Safety Regulations 1998 were established, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001. These directives are considered legislative instruments under the Legislative Instruments Act 2003.
The issuance of ADs is often necessitated by Australia’s commitments under the Convention on International Civil Aviation, particularly Annex 8, which assigns the State of Design the overarching responsibility for ensuring the continuing airworthiness of an aircraft type. CASA, acting as Australia’s national airworthiness authority, must respond to ADs issued by the State of Design by assessing the information and, if necessary, issuing an Australian AD to enforce the requirements. This process ensures that Australian-registered aircraft meet international safety standards, thereby addressing the problem of maintaining consistent airworthiness across different jurisdictions.
Scope and Application
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products. These directives apply to all aircraft registered in Australia and are intended to ensure the continuing airworthiness of these aircraft. The ADs are made pursuant to section 98 of the Civil Aviation Act 1988, which allows the Governor-General to make regulations in the interests of the safety of air navigation. As a legislative instrument, these ADs are subject to disallowance under section 46A of the Acts Interpretation Act 1901, and their creation and enforcement are governed by the Legislative Instruments Act 2003. The ADs are issued in response to international obligations under the Convention on International Civil Aviation, specifically Annex 8, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type and requires them to provide necessary information to States of Registry. Consequently, CASA, as Australia’s national airworthiness authority, must assess the information provided by the State of Design and, if necessary, issue an Australian AD to enforce the required airworthiness measures. The ADs do not require public consultation or a Regulatory Impact Statement, and they extend across all relevant aircraft registered within Australia.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to create regulations for the safety of air navigation, including those pertaining to aircraft and aeronautical products. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This is further clarified by subregulation 39.001(5), which states that an AD is a disallowable instrument under the Acts Interpretation Act 1901 and a legislative instrument according to the Legislative Instruments Act 2003. This legal framework ensures that ADs are issued with due consideration for international standards and requirements.
These ADs are issued under the auspices of Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design holds the overall responsibility for the continuing airworthiness of an aircraft type. This includes providing necessary information to States of Registry to ensure the safe operation of aircraft. The State of Registry, in turn, must develop or adopt requirements to maintain the continuing airworthiness of aircraft registered within its jurisdiction. When a State of Design issues an AD for a type of aircraft registered in Australia, CASA must review and, if necessary, issue an Australian AD to enforce the requirements stipulated by the State of Design. This ensures consistency and compliance with international safety standards.
In the case of the Bombardier DHC-8-400 model aircraft, the Transport Canada issued AD CF-2003-28, as Canada is the State of Design for this aircraft type. CASA assessed this directive and subsequently issued Australian AD/DHC-8/111, which will come into effect on 16 March 2006. Given that this AD is issued in response to international obligations and the directive from the relevant State of Design, no public consultation has been required. The Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. This AD was 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 Civil Aviation Act 1988.
The ADs impose specific obligations on the parties involved. For CASA, the obligation is to review and, if necessary, issue corresponding Australian ADs to ensure compliance with international airworthiness standards. For aircraft operators, the obligation is to adhere to the requirements outlined in the ADs, which may include maintenance, repair, or modification of aircraft to ensure their continuing airworthiness. Failure to comply with these requirements can lead to significant safety risks and potential legal consequences. CASA is tasked with enforcing these requirements and can take action against non-compliant aircraft operators, including grounding aircraft or imposing fines and other penalties.