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-2007-32 affecting Bombardier DHC-8 series aircraft. Canada is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DHC-8/135, which will become effective on 31 January 2008.
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 Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988, enacted by the Commonwealth Parliament, was introduced to regulate civil aviation safety in Australia, ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to create regulations that safeguard air navigation, and one such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft and aeronautical products. These ADs, as legislative instruments under the Legislative Instruments Act 2003, aim to ensure the continuing airworthiness of aircraft in alignment with international standards, such as those outlined in Annex 8 to the Convention on International Civil Aviation. This legislative framework is essential for CASA, as Australia's national airworthiness authority, to issue Australian ADs in response to those issued by the State of Design, ensuring compliance with international obligations and the maintenance of air safety standards.
Scope and Application
The Civil Aviation Act 1988, specifically through regulation 39.001 of the Civil Aviation Safety Regulations 1998, authorises the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs apply to types of aircraft or aeronautical products, establishing safety requirements that must be adhered to for the continued airworthiness of these aircraft. The ADs are legislative instruments under the Legislative Instruments Act 2003 and are made in accordance with the obligations set out in Annex 8 to the Convention on International Civil Aviation, which places the responsibility for the continuing airworthiness of aircraft types on the State of Design. In the case of Australia, CASA, as the national airworthiness authority, must issue corresponding ADs when a State of Design issues an AD affecting aircraft on the Australian Register. This ensures that Australian registered aircraft meet international safety standards. The ADs are issued without public consultation, as they are a response to international obligations and directives from the State of Design, and do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to create regulations that ensure the safety of air navigation. This includes the ability to mandate airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. Section 39.001(5) further clarifies that these ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and thus fall under the Legislative Instruments Act 2003. Annex 8 of the Convention on International Civil Aviation assigns the State of Design the overarching responsibility for the continuing airworthiness of an aircraft type, requiring it to furnish necessary information to the States of Registry. The State of Registry, in turn, must establish or adopt requirements to maintain the airworthiness of the aircraft.
These airworthiness directives serve as a critical means of communication between States of Design and States of Registry, ensuring that safety standards are consistently upheld across international borders. For example, Transport Canada issued AD CF-2007-32 concerning Bombardier DHC-8 series aircraft, with CASA subsequently issuing Australian AD/DHC-8/135 following its assessment. This directive became effective on 31 January 2008. Given that this AD was issued in response to an international obligation and a directive from the State of Design, no public consultation was required under Australian law. Additionally, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
The AD in question was issued by the Acting Manager, Systems and New Technologies, in the Airworthiness Engineering Branch of CASA, in accordance with subsection 84A(2) of the Act. This process ensures that CASA, as Australia’s national airworthiness authority, can swiftly and efficiently respond to international safety directives. The issuance of these directives places obligations on aircraft owners and operators to comply with the specified safety requirements. Failure to adhere to these directives can result in severe consequences, including potential penalties under the Act. The precise nature and extent of these penalties are determined by the seriousness of the breach and the specific provisions of the Civil Aviation Act 1988 and associated regulations.