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-2009-01 affecting Bombardier DHC-8-400 model aircraft. Canada is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/DHC-8/144, which will become effective on
12 March 2009.
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 and New Technologies in the Airworthiness Engineering Group, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive regulatory framework for civil aviation safety in Australia, addressing the need for consistent and effective safety standards to protect the public and ensure the safe operation of aircraft within and outside Australian airspace. The Act grants the Governor-General the authority to create regulations in the interest of air navigation safety, with regulation 39.001 specifically enabling the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The policy objective of this regulatory framework is to ensure the continuing airworthiness of aircraft and aeronautical products in accordance with international standards and to facilitate the harmonisation of airworthiness practices across contracting states of the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products to ensure the safety of air navigation. These directives, which are legislative instruments, apply to all aircraft registered in Australia, regardless of the State of Design, and are intended to mandate the continuing airworthiness of these aircraft. The ADs are issued in response to directives from the State of Design, as mandated by international conventions such as Annex 8 to the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design and the State of Registry. The issuing of these directives by CASA is a direct consequence of Australia's international obligations and does not require public consultation or a Regulatory Impact Statement. This regulatory process ensures that Australian aviation standards align with international safety protocols, thereby maintaining the safety and reliability of the national airspace.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for ensuring the safety of aircraft and air navigation. Under section 98 of the Act, the Governor-General has the authority to make regulations for the purposes of the Act and in the interests of air navigation safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is a legislative instrument and is subject to disallowance under section 46A of the Acts Interpretation Act 1901.
The obligations of the State of Design, which is the country where the aircraft type was designed, are to ensure the continuing airworthiness of the aircraft type and provide necessary information to States of Registry. The State of Registry, which is the country where the aircraft is registered, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When an AD is issued by the State of Design, CASA must assess this information and, if necessary, issue an Australian AD to enforce the requirements set forth by the State of Design.
Transport Canada has issued AD CF-2009-01 affecting Bombardier DHC-8-400 model aircraft. As Canada is the State of Design for these aircraft types, CASA has assessed this AD and issued Australian AD/DHC-8/144, which will become effective on 12 March 2009. Because this AD is issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, no public consultation has been required. The Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement.
Non-compliance with an AD can have serious consequences. Under the Civil Aviation Act 1988, CASA may take enforcement action against any person or entity that fails to comply with an AD. Offences may include operating an aircraft that does not meet the requirements set out in an AD, which can result in civil penalties. The maximum penalty for non-compliance with an AD can include fines up to $275,000 for individuals and $1.375 million for corporations, as well as potential criminal charges in cases of gross negligence or willful misconduct. Additionally, non-compliance may lead to the grounding of the aircraft, which can have severe operational and financial implications for the operator.