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-2009-26 affecting Bombardier DHC-8-400 series aeroplanes. Canada is the State of Design for these aeroplanes. CASA has assessed this AD and has issued Australian AD/DHC-8/149, which will become effective on 30 July 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 Regulatory Review 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, enacted by the Australian Parliament, provides the legislative framework for ensuring the safety and efficiency of civil aviation in Australia. This Act was introduced to address the need for a comprehensive and robust regulatory system governing civil aviation operations within the country, particularly in terms of airworthiness and safety. The Civil Aviation Safety Regulations 1998 complement the Act by setting out detailed safety standards and procedures, including the issuance of airworthiness directives. Regulation 39.001 of these regulations empowers the Civil Aviation Safety Authority (CASA) to issue such directives to mandate safety measures for aircraft and aeronautical products. The legislative intent is to ensure the highest standards of safety and compliance with international aviation standards, as outlined in the Convention on International Civil Aviation, which mandates that the State of Design provide necessary information to ensure the continuing airworthiness of aircraft types.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework within which airworthiness directives (ADs) are issued in Australia. Under these statutes, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products to ensure the continuing airworthiness of aircraft registered in Australia. These directives are legislative instruments and must comply with the requirements set out in the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs serve to mandate safety measures and compliance with international standards as outlined in Annex 8 to the Convention on International Civil Aviation, which assigns the State of Design the responsibility for the continuing airworthiness of an aircraft type and requires the State of Registry to enforce these requirements. In the case of Bombardier DHC-8-400 series aeroplanes, CASA has issued an Australian AD following an AD issued by Transport Canada, Canada being the State of Design. The AD becomes effective on 30 July 2009, following CASA's assessment of the information provided by Canada. The process of issuing these ADs does not involve public consultation or a Regulatory Impact Statement, as they are directly related to Australia’s international obligations and the directives issued by the respective State of Design.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for issuing airworthiness directives (ADs) to ensure the safety of aircraft. Section 98 of the Act allows the Governor-General to make regulations that pertain to air navigation safety, while regulation 39.001 of the Regulations empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These directives are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and legislative instruments under the Legislative Instruments Act 2003.
Obligations under these regulations require CASA to assess and, if necessary, issue Australian ADs that align with the requirements set by the State of Design, particularly when an AD is issued by the State of Design for a type of aircraft registered in Australia. The State of Registry, in this case CASA, must ensure the continuing airworthiness of the aircraft, which includes adopting or developing requirements that meet the standards set by Annex 8 to the Convention on International Civil Aviation. The State of Design, such as Transport Canada for Bombardier DHC-8-400 series aeroplanes, is responsible for providing information on airworthiness, which CASA must then evaluate and implement as necessary.
Failure to comply with an AD can lead to serious consequences. While the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 do not specify particular offences or penalties for non-compliance with ADs, failure to adhere to these directives can result in severe safety risks. The overarching principle is that continued airworthiness and safety are paramount, and non-compliance can lead to enforcement actions, including grounding of the aircraft, revocation of airworthiness certificates, or other regulatory sanctions that could have civil or criminal implications depending on the severity and intent of the violation.
Given the international nature of airworthiness directives, these regulations also ensure that Australian aviation standards are harmonised with international practices. The process of issuing an AD, as demonstrated in the case of AD CF-2009-26 from Transport Canada, involves a thorough assessment by CASA to ensure that Australian aviation safety standards are met. This process does not require public consultation or a Regulatory Impact Statement, as it is based on international obligations and the specific need to maintain airworthiness in line with ICAO standards.