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-2006-08R1 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-8/120, Amendment 1, which will become effective on 19 November 2009. This AD cancels and replaces the previous issue.
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 Initial Airworthiness in the Airworthiness and 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, addresses the need for regulations to ensure the safety of air navigation, including the issuance of airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft. The Act empowers the Governor-General to make regulations under section 98, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific kinds of aircraft or aeronautical products. This authority arises from Australia's obligations under the Convention on International Civil Aviation, specifically Annex 8, which mandates that the State of Design is responsible for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. CASA, as Australia's national airworthiness authority, must assess this information and issue corresponding ADs to comply with international standards. The process for issuing these ADs, as exemplified by the issuance of AD/DHC-8/120, Amendment 1, reflects Australia’s adherence to international conventions and the necessity to align with other Contracting States, such as Canada, in maintaining aircraft safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) to ensure the safety of air navigation. These directives apply to specific kinds of aircraft or aeronautical products and are mandated by the State of Registry, in this case CASA, which is responsible for the continuing airworthiness of aircraft registered in Australia. ADs serve as a means to maintain and ensure airworthiness in compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation. Given their regulatory nature, ADs are classified as legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, requiring disallowance procedures. The issuance of an AD does not involve public consultation as it is governed by international obligations and the specific requirements of the State of Design. In the instance of Transport Canada's AD CF-2006-08R1 for Bombardier DHC-8-400 model aircraft, CASA has issued a corresponding Australian AD/DHC-8/120, Amendment 1, effective from 19 November 2009, to address the same safety concerns in the Australian context.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs). Under section 98 of the Act, the Governor-General has the authority to create regulations that ensure the safety of air navigation. Regulation 39.001 of the Safety Regulations specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. This regulatory power is further defined in subregulation 39.001(5), which states that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thus classifying it as a legislative instrument under the Legislative Instruments Act 2003.
The obligations imposed by these provisions require CASA to act in response to ADs issued by the State of Design, which is responsible for the continuing airworthiness of an aircraft type. For example, when Transport Canada issues an AD affecting Bombardier DHC-8-400 model aircraft, CASA must assess the information and, if necessary, issue an Australian AD to enforce the requirements specified by the State of Design. This ensures that all aircraft on the Australian Register meet international safety standards. Additionally, the State of Registry, in this case CASA, has the responsibility to ensure the continuing airworthiness of individual aircraft within its jurisdiction.
There are no specific offences, penalties, or civil or criminal consequences outlined for failing to comply with ADs in the provided text. However, it is implied that non-compliance with an AD could lead to serious safety issues and potential legal repercussions, as ADs are mandated to ensure the safety of air navigation. The seriousness of these potential consequences underscores the importance of adhering to the directives issued by CASA and other national airworthiness authorities.