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-2007-06 affecting DHC-8 aircraft. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DHC-8/129, which will become effective on 5 July 2007.
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 Acting 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 was enacted to provide for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. It empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. Pursuant to section 98 of the Act, the Civil Aviation Safety Regulations 1998 were introduced to establish detailed safety standards, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments under the Legislative Instruments Act 2003, and they serve to maintain the continuing airworthiness of aircraft as mandated by the Convention on International Civil Aviation. CASA, as Australia's national airworthiness authority, is obligated to issue corresponding ADs when a State of Design issues an AD affecting aircraft registered in Australia. The AD/DHC-8/129, issued by CASA in response to an AD by Transport Canada for the DHC-8 aircraft, exemplifies this process and aligns with Australia's international obligations under the Convention.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the regulation of airworthiness directives (ADs) in Australia, aimed at ensuring the safety of air navigation. Under these provisions, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products, in response to the continuing airworthiness requirements outlined in Annex 8 of the Convention on International Civil Aviation. The State of Design for a particular aircraft type holds the primary responsibility for providing necessary information to maintain the aircraft's airworthiness, and when such information is issued by the State of Design, CASA must assess it and issue an Australian AD if appropriate. The application of these regulations extends to all aircraft registered within Australia, and the ADs are enforceable by CASA, the national airworthiness authority. The ADs are legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. Notably, ADs do not require public consultation or a Regulatory Impact Statement, as they are issued in compliance with international obligations and in response to directives from the relevant State of Design.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 lay out the framework for ensuring the safety of air navigation, including the issuance of airworthiness directives (ADs). Under section 98 of the Act, the Governor-General is empowered to make regulations for the Act, with the aim of ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifies that the Civil Aviation Safety Authority (CASA) can issue ADs for specific types of aircraft or aeronautical products. These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and are thus legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The primary obligations of the State of Design, which is the State responsible for the design of the aircraft, include providing all necessary information to ensure the continuing airworthiness of the aircraft type to the States of Registry. The State of Registry, which is the State responsible for the individual aircraft, must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When the State of Design issues an AD, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. This ensures that Australian aircraft meet international standards and practices.
In the case of the Transport Canada AD CF-2007-06 affecting DHC-8 aircraft, Canada is the State of Design. CASA has assessed this AD and issued Australian AD/DHC-8/129, effective from 5 July 2007. Given that this AD is issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD raised by the relevant State of Design, no public consultation was conducted. The Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement. The AD was made by the Acting Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A(2) of the Act.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose several obligations on parties and entities. CASA must diligently assess and, if necessary, implement ADs issued by the State of Design to ensure that Australian aircraft meet international safety standards. The State of Design must provide comprehensive information to ensure the continuing airworthiness of the aircraft type. Meanwhile, the State of Registry must develop or adopt requirements to maintain the airworthiness of individual aircraft registered within its territory. Non-compliance with these regulations could lead to significant safety risks and potential breaches of international obligations. The consequences for breaches include both civil and criminal penalties, with maximum penalties outlined under the respective sections of the Act and Regulations, depending on the severity and nature of the breach.