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-2006-13 affecting Bombardier DHC-8 model aircraft. Canada is the state of Design for this type. CASA has assessed this AD and has issued Australian AD/DHC-8/126, which will become effective on 3 August 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 ensure the safety of air navigation, providing a legislative framework for the regulation of civil aviation in Australia. The Act empowers the Governor-General to make regulations that support the Act's objectives, with a particular focus on the safety of air navigation. The Civil Aviation Safety Regulations 1998 further operationalise this framework by delegating the authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for various kinds of aircraft and aeronautical products, aligning with international standards under the Convention on International Civil Aviation. This legislative approach addresses the need for consistent and internationally coordinated measures to ensure the continuing airworthiness of aircraft, with CASA acting on behalf of the Australian government to enforce these measures. The ADs, such as AD/DHC-8/126, are issued in response to international obligations and directives from the State of Design, without requiring public consultation, as they pertain to maintaining international safety standards.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the authority granted by the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) that apply to specific types of aircraft and aeronautical products. These directives serve to mandate the necessary requirements to ensure the continuing airworthiness of aircraft registered in Australia. The application of these directives is grounded in Australia’s commitment to international civil aviation standards as set forth in Annex 8 to the Convention on International Civil Aviation. This jurisdictional framework places CASA in a position where it must align Australian regulations with directives issued by the State of Design, ensuring that any aircraft within the Australian Register meet the requisite safety standards. For instance, in the case of the Bombardier DHC-8 model aircraft, CASA issued Australian AD/DHC-8/126 after assessing the AD CF-2006-13 issued by Transport Canada, which is the State of Design for this type of aircraft. These airworthiness directives are legislative instruments, subject to disallowance, and are made without public consultation due to their international regulatory nature.
Key Provisions
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, enables the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Section 98 of the Act grants the Governor-General the authority to make regulations for the safety of air navigation, and regulation 39.001 specifically allows CASA to issue ADs for certain kinds of aircraft or aeronautical products. These directives are legislative instruments, as outlined in section 6 of the Legislative Instruments Act 2003 and subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998.
The obligations imposed by the Act and the regulations require CASA to evaluate and, if necessary, issue ADs in response to airworthiness concerns raised by the State of Design. This is particularly pertinent under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design provide necessary information to ensure the continuing airworthiness of an aircraft type. Similarly, the State of Registry must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft registered within its territory. Consequently, when an AD is issued by a State of Design, CASA must assess and, if appropriate, issue a corresponding Australian AD to enforce the required airworthiness measures.
Failure to comply with ADs can lead to significant legal consequences. Violations may result in civil penalties, including fines, as well as criminal charges under the Civil Aviation Act 1988. The specific penalties can vary based on the severity of the breach and the provisions of the Act, but they may include substantial fines for individuals and corporations. In cases of serious non-compliance, prosecution may follow, leading to potential imprisonment for natural persons. It is critical for aircraft operators and manufacturers to adhere to the ADs to avoid these serious repercussions.
An example of this process in action is CASA’s issuance of Australian AD/DHC-8/126 in response to Transport Canada's AD CF-2006-13 for Bombardier DHC-8 model aircraft. Given the nature of ADs as legislative instruments, and their alignment with international obligations under the Convention on International Civil Aviation, CASA did not consult the Australian public or require a Regulatory Impact Statement for this particular AD. This AD was issued by the Manager, New Technologies and Systems in CASA’s Manufacturing, Certification and New Technologies Office, in accordance with subsection 84A(2) of the Act.