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-2008-28 affecting Bombardier DHC-8 series aeroplanes. Canada is the State of Design for these engines. CASA has assessed this AD and has issued Australian AD/DHC-8/142, which will become effective on
25 September 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 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 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, establishes the framework for civil aviation in Australia, addressing the need for safety and regulation in the aviation industry. One of the key provisions of this Act is section 98, which empowers the Governor-General to make regulations for the Act's purposes, particularly for the safety of air navigation. Complementing this, the Civil Aviation Safety Regulations 1998 provide a detailed regulatory framework, with regulation 39.001 specifically enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products. These ADs are crucial for maintaining the continuing airworthiness of aircraft, aligning with international standards set forth in Annex 8 to the Convention on International Civil Aviation. This legislative framework ensures that Australia's aviation safety standards are robust and consistent with global practices, addressing any gaps in the regulation and oversight of airworthiness.
Scope and Application
The Civil Aviation Act 1988 and the associated Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations that promote air safety, while regulation 39.001 of the Safety Regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and must comply with the Legislative Instruments Act 2003. The application of these directives is influenced by international obligations under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of aircraft types and requires States of Registry to adopt measures ensuring airworthiness. Consequently, when a State of Design issues an AD, CASA is obligated to evaluate this information and, if necessary, issue a corresponding Australian AD to enforce the requirements stipulated by the State of Design. For instance, in response to Transport Canada’s AD CF-2008-28 concerning Bombardier DHC-8 series aeroplanes, CASA has issued Australian AD/DHC-8/142, effective from 25 September 2008. Given the international context and specific nature of these directives, no public consultation or Regulatory Impact Statement is required under Australian law.
Key Provisions
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, allows the Governor-General to enact regulations for the safety of air navigation (s 98). Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific aircraft types or aeronautical products (r 39.001). These ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore, legislative instruments under section 6 of the Legislative Instruments Act 2003 (r 39.001(5)). Such ADs are integral to maintaining the continuing airworthiness of aircraft, as mandated by Annex 8 to the Convention on International Civil Aviation.
Under this legislative framework, the State of Design holds overarching responsibility for the continuing airworthiness of an aircraft type and must furnish necessary information to States of Registry to ensure ongoing compliance with airworthiness standards. The State of Registry, in turn, is accountable for the continuing airworthiness of individual aircraft and must establish or adopt requisite requirements to this end. When a State of Design issues an AD, CASA, as Australia's national airworthiness authority, must evaluate this information and, if deemed necessary, issue a corresponding Australian AD. This ensures that Australian aircraft meet the safety standards set by the State of Design. For example, Transport Canada has issued AD CF-2008-28 concerning Bombardier DHC-8 series aeroplanes, and CASA has subsequently issued Australian AD/DHC-8/142, effective from 25 September 2008.
The obligations imposed by this legislation are multifaceted. CASA must assess and, if necessary, implement ADs issued by the State of Design to maintain safety standards. The State of Design must provide essential information to ensure the continuing airworthiness of aircraft types, while the State of Registry is tasked with ensuring that individual aircraft comply with these standards. These obligations reflect the international commitment to air safety and the need for cooperative efforts among nations to manage and mitigate risks in civil aviation.
Failure to comply with the provisions of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can lead to significant consequences. While the specific offences and penalties are not detailed in the text, it is known that non-compliance with airworthiness directives can result in civil or criminal penalties, depending on the severity and intent behind the breach. Such consequences may include fines, imprisonment, or both, underscoring the critical nature of adhering to these safety regulations. The regulatory framework thus serves to protect the public by ensuring that all aircraft meet stringent safety standards.