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-2008-13 affecting Bombardier DHC-8-400 series aircraft. Canada is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/DHC-8/139, which will become effective on 10 April 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 established to provide for the safety of civil aviation in Australia and to ensure that aircraft are maintained in an airworthy condition. This Act serves to address the need for comprehensive regulation of civil aviation activities within the country, focusing on safety and operational standards. One of the key mechanisms through which the Act achieves its objectives is by enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) as per the Civil Aviation Safety Regulations 1998. The policy objective of the Act, as evidenced by the issuance of ADs, is to maintain the highest safety standards in civil aviation, in alignment with international obligations under the Convention on International Civil Aviation.
The explanatory statement outlines that CASA has issued an Australian AD following an AD from Transport Canada, the State of Design for Bombardier DHC-8-400 series aircraft. The issuance of ADs such as Australian AD/DHC-8/139 is a direct response to international safety requirements and obligations, ensuring that Australian aircraft meet continuing airworthiness standards. This approach underscores the importance of international cooperation and adherence to globally recognised aviation safety protocols. The AD was made under the authority of the Acting Manager, Systems and New Technologies in the Airworthiness Engineering Branch at CASA, in compliance with the legislative framework provided by the Civil Aviation Act 1988.
Scope and Application
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) to ensure the safety of air navigation. These regulations apply to aircraft registered in Australia, as well as aeronautical products, and mandate the issuance of ADs when deemed necessary by CASA. Each AD is considered a legislative instrument under the Legislative Instruments Act 2003, which requires its disallowance to be considered by Parliament. This legislative framework is aligned with international standards, particularly Annex 8 of the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design and the State of Registry of an aircraft. In practice, CASA must review ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce compliance with airworthiness standards. For instance, CASA issued AD/DHC-8/139 in response to an AD by Transport Canada concerning Bombardier DHC-8-400 series aircraft, reflecting Australia's commitment to international civil aviation safety standards. Notably, this process does not require public consultation or a Regulatory Impact Statement, as it is driven by international obligations and specific safety imperatives.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to establish regulations necessary for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue airworthiness directives (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 classified as legislative instruments according to section 6 of the Legislative Instruments Act 2003. In the context of international cooperation, the State of Design is responsible for the continuing airworthiness of aircraft types, and must supply relevant information to States of Registry, as outlined in Annex 8 of the Convention on International Civil Aviation. The State of Registry, in turn, is responsible for ensuring the continuing airworthiness of individual aircraft and must develop or adopt appropriate requirements to achieve this goal.
Under the Civil Aviation Safety Regulations 1998, CASA is required to assess ADs issued by States of Design and, when necessary, issue corresponding Australian ADs to enforce the requirements of the originating State of Design. For example, Transport Canada issued AD CF-2008-13 concerning Bombardier DHC-8-400 series aircraft, as Canada is the State of Design for these aircraft types. CASA has reviewed this AD and issued Australian AD/DHC-8/139, which will take effect on 10 April 2008. As the issuance of this AD is a result of Australia's obligations under the Convention on International Civil Aviation and in response to an AD raised by the relevant State of Design, no consultation with the Australian public was undertaken. The Office of Best Practice Regulation has concluded that ADs do not necessitate a Regulatory Impact Statement.
The AD has been issued 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 Civil Aviation Act 1988. This section outlines the obligations and requirements that CASA must follow when issuing ADs, ensuring that they comply with the safety standards set forth by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. Failure to comply with the provisions of the Act or the ADs may result in various civil and criminal consequences. The specific penalties for non-compliance will depend on the nature and severity of the breach, but they may include fines, imprisonment, or both.