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-2007-20 affecting Bombardier DHC-8-400 aeroplanes. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DHC-8/133 which will become effective on 14 September 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Systems in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia with a primary focus on ensuring the safety of air navigation. The Act empowers the Governor-General to make regulations under section 98, which are essential for maintaining the safety standards in civil aviation. In the interests of continuing airworthiness, the Civil Aviation Safety Regulations 1998, particularly regulation 39.001, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that align with international standards, particularly those set out in Annex 8 to the Convention on International Civil Aviation, which delineates the responsibilities of the State of Design and the State of Registry for an aircraft's continuing airworthiness. The policy objective is to ensure that Australia's aviation safety regulations are consistent with international standards, thereby safeguarding the safety of air navigation and the public.
Scope and Application
The Civil Aviation Act 1988, as supplemented by the Civil Aviation Safety Regulations 1998, provides the legal framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). Under section 98 of the Act, the Governor-General has the authority to make regulations that ensure the safety of air navigation. Regulation 39.001 specifically empowers CASA to issue ADs for particular types of aircraft or aeronautical products, making ADs a legislative instrument subject to disallowance under the Acts Interpretation Act 1901 and oversight as per the Legislative Instruments Act 2003. The State of Design, such as Canada for Bombardier DHC-8-400 aeroplanes, holds primary responsibility for the continuing airworthiness of aircraft types and must provide necessary information to ensure safety, which CASA must then assess and, if appropriate, translate into Australian ADs. The State of Registry, in this case Australia, is also responsible for ensuring the continuing airworthiness of registered aircraft within its jurisdiction. This process is integral to Australia’s obligations under the Convention on International Civil Aviation, and as such, these ADs are issued without public consultation and do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, allows the Governor-General to create regulations in the interest of air navigation safety. Under this authority, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular types of aircraft or aeronautical products. It is important to note that according to subregulation 39.001(5), ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore they are also legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these provisions primarily concern the continuing airworthiness of aircraft. According to Annex 8 of the Convention on International Civil Aviation, the State of Design, which is the state responsible for the design of an aircraft type, must ensure the continuing airworthiness of that type and provide necessary information to the States of Registry. The State of Registry, which is the state that registers an individual aircraft, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft within its jurisdiction. In the case of Australia, when the State of Design issues an AD, CASA, as Australia's national airworthiness authority, is required to assess this information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
There are no specific offences, penalties, or civil/criminal consequences outlined for the breach of ADs within the text provided. However, as ADs are legislative instruments and part of the Civil Aviation Safety Regulations 1998, non-compliance with these directives could potentially lead to regulatory action, enforcement measures, or other consequences as prescribed by the Civil Aviation Act 1988 and related regulations. The maximum penalties for breaches of civil aviation regulations can vary widely depending on the nature and severity of the breach, but they may include fines, suspension or revocation of licences, or other enforcement actions as deemed appropriate by CASA.