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-2001-16R1 affecting Bombardier DHC-8-400 series aircraft. Canada is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/DHC-8/115, which will become effective on 13 April 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, enacted to establish the regulatory framework for civil aviation in Australia, includes provisions for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Under this Act, the Governor-General has the authority to make regulations, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are governed by the Legislative Instruments Act 2003. The policy objective of these ADs is to maintain the continuing airworthiness of aircraft, aligning with international standards set out in Annex 8 to the Convention on International Civil Aviation. CASA, as Australia’s national airworthiness authority, is responsible for assessing foreign ADs and issuing corresponding Australian ADs when necessary, ensuring compliance with international obligations and domestic safety standards.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA), Australia's national airworthiness authority. Under these legislative instruments, CASA is authorised to issue airworthiness directives to ensure the continuing airworthiness of aircraft registered in Australia. These directives are based on international standards set by the International Civil Aviation Organization (ICAO) and are issued in response to actions taken by the State of Design of an aircraft type. The application of these regulations extends to all aircraft and aeronautical products within the Australian jurisdiction, ensuring compliance with safety standards set forth by ICAO and other international agreements. While the process for issuing airworthiness directives is stringent and follows international protocols, it does not require public consultation or a Regulatory Impact Statement as it is primarily in response to international obligations and standards. The authority to issue such directives is exercised by CASA under the authority delegated by the Governor-General and is subject to the disallowance provisions of the Acts Interpretation Act 1901.
Key Provisions
The Civil Aviation Act 1988 (sections 98) and the Civil Aviation Safety Regulations 1998 (regulation 39.001) provide the framework for the issuance of airworthiness directives (ADs) in Australia. According to these provisions, the Governor-General has the authority to make regulations that serve the interests of air navigation safety. Under regulation 39.001, the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. In accordance with Annex 8 to the Convention on International Civil Aviation, the State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure the airworthiness of the aircraft type to the States of Registry, including Australia. Consequently, CASA, as Australia's national airworthiness authority, assesses the information provided by the State of Design and issues an Australian AD if necessary to mandate the required measures.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 on the parties or entities they govern include the responsibility of the State of Design to ensure the continuing airworthiness of an aircraft type and provide necessary information to the States of Registry. The State of Registry, in this case CASA, must develop or adopt requirements to ensure the continuing airworthiness of aircraft and assess the ADs issued by the State of Design. If CASA deems it appropriate, they must issue an Australian AD to mandate the requirements of the State of Design. Moreover, the Transport Canada, as the State of Design for the Bombardier DHC-8-400 series aircraft, has issued an AD (CF-2001-16R1). CASA, as Australia’s national airworthiness authority, has assessed this AD and issued Australian AD/DHC-8/115, which will become effective on 13 April 2006.
Failure to comply with the ADs issued under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 may result in civil or criminal consequences. The specific consequences depend on the nature and severity of the breach. However, the Act and Regulations do not explicitly state the maximum penalties for non-compliance with ADs. Legal proceedings may be initiated against individuals or entities that fail to adhere to the ADs, resulting in fines, imprisonment, or both. Additionally, aircraft found to be non-compliant with the ADs may be grounded, preventing them from operating until the necessary actions are taken to address the non-compliance.