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-2006-05 affecting Bombardier DHC-8 aeroplanes. Canada is the State of Design for these aircraft. CASA has assessed this AD and has issued Australian AD/DHC-8/123, which will become effective on 6 July 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 establish a framework for ensuring the safety and efficiency of civil aviation in Australia. This legislation empowers the Governor-General to create regulations that promote the safety of air navigation, as mandated by section 98. One of the key regulatory instruments under this Act is the Civil Aviation Safety Regulations 1998, which allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are crucial for maintaining the continuing airworthiness of aircraft and are issued in alignment with international standards set by the Convention on International Civil Aviation, particularly Annex 8. The policy objective of these regulations is to ensure that Australian aircraft meet international safety standards, thereby enhancing both domestic and international aviation safety. The ADs are considered legislative instruments under the Legislative Instruments Act 2003 and are typically issued in response to directives from the State of Design or other Contracting States, without the necessity for public consultation, as determined by the Office of Regulatory Review.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework under which airworthiness directives (ADs) are issued in Australia. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These directives are considered disallowable instruments under the Acts Interpretation Act 1901 and are legislative instruments as per the Legislative Instruments Act 2003. The issuance of ADs is a critical aspect of ensuring the continuing airworthiness of aircraft, aligning with the responsibilities of the State of Design and the State of Registry under Annex 8 of the Convention on International Civil Aviation. For instance, in response to an AD issued by Canada, the State of Design for Bombardier DHC-8 aeroplanes, CASA has issued an Australian AD. The process involves CASA assessing the AD issued by the State of Design and subsequently issuing an Australian AD if deemed necessary. This legislative mechanism ensures that Australia meets its international obligations and maintains high safety standards in civil aviation. Notably, these ADs are issued without public consultation, as determined by the Office of Regulatory Review, and do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products (sections 98 and 39.001). These directives are legislative instruments under the Legislative Instruments Act 2003, aimed at maintaining the safety of air navigation. An AD mandates specific actions to address identified safety issues, and it is issued when a State of Design, such as Canada for Bombardier DHC-8 aeroplanes, identifies a safety concern. CASA evaluates the foreign AD and, if necessary, issues a corresponding Australian AD to enforce the same safety requirements on aircraft registered in Australia.
The obligations imposed by these regulations primarily rest on CASA as the national airworthiness authority. CASA must assess foreign ADs, such as the one issued by Transport Canada (AD CF-2006-05), and determine if an Australian AD is necessary. Once an Australian AD is issued, such as AD/DHC-8/123, it becomes legally binding for the operators of the affected aircraft registered in Australia. This ensures that the safety standards set by the State of Design are uniformly applied across all aircraft of that type registered in Australia, thereby maintaining a consistent level of safety in the national airspace.
Breaching the requirements of an airworthiness directive can lead to severe consequences. Under the Civil Aviation Act 1988, failure to comply with an AD can result in civil penalties, including fines and potential prosecution. Additionally, non-compliance can lead to criminal charges, especially if the breach results in an accident or endangers safety. The maximum penalties for such offences can be significant, reflecting the critical nature of airworthiness compliance in ensuring public safety. Operators found in breach of an AD may also face operational restrictions or the grounding of their aircraft until compliance is achieved.
The legislative framework ensures that CASA can act swiftly to address safety issues without the need for extensive public consultation, as these directives are issued under international obligations and in response to foreign ADs. This streamlined process is intended to minimise delays in addressing safety concerns. Furthermore, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement, streamlining the regulatory process and allowing for quicker implementation of necessary safety measures.