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-2009-29 affecting Bombardier DHC 8 series aeroplanes. Canada is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/DHC-8/150, which will become effective on
24 September 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, Future Technology and Regulatory Trends, in the Standards Development and Future Technology Division, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to regulate civil aviation in Australia, ensuring the safety and efficiency of air navigation within the country. This Act empowers the Governor-General to make regulations that serve the interests of air navigation safety. One such regulation is detailed in the Civil Aviation Safety Regulations 1998, where regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The ADs are considered legislative instruments under the Legislative Instruments Act 2003. The issuance of these directives is guided by international standards set forth in Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design has the primary responsibility for the continuing airworthiness of aircraft types. Consequently, CASA, as Australia's national airworthiness authority, must assess and, if necessary, implement these international directives as Australian ADs to ensure compliance and safety.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework for the issuance of airworthiness directives (ADs) in Australia, which apply to all types of aircraft registered in Australia. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products, which are legislative instruments as per the Legislative Instruments Act 2003. These ADs are integral to ensuring the continuing airworthiness of aircraft as per Annex 8 of the Convention on International Civil Aviation, with the State of Design having primary responsibility and the State of Registry ensuring compliance at the individual aircraft level. CASA, as Australia’s national airworthiness authority, must assess foreign ADs, such as those issued by Transport Canada for Bombardier DHC 8 series aeroplanes, and issue corresponding Australian ADs if necessary. This process is mandated by international obligations and does not require public consultation or a Regulatory Impact Statement. The ADs are issued under the authority of the Act by CASA officials, ensuring that all aircraft operating in Australia meet the required safety standards.
Key Provisions
The Civil Aviation Act 1988, under section 98, allows the Governor-General to make regulations to ensure the safety of air navigation. These regulations can include the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) for specific types of aircraft or aeronautical products, as stipulated in regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD, according to subregulation 39.001(5), is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument as defined in the Legislative Instruments Act 2003.
Obligations and requirements imposed by these provisions include the responsibility of the State of Design to provide information ensuring the continuing airworthiness of an aircraft type. This aligns with Annex 8 to the Convention on International Civil Aviation, where the State of Design must communicate necessary information to the States of Registry. The State of Registry, in this case, CASA, must evaluate this information and, if deemed necessary, issue an Australian AD to enforce the requirements set forth by the State of Design. This process ensures that all aircraft registered in Australia meet international airworthiness standards.
Failure to comply with ADs can lead to serious consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can result in civil and criminal penalties. Civil penalties may include fines, and in severe cases, criminal penalties can apply, which may include imprisonment. The exact penalties are determined based on the severity of the breach and are outlined in relevant sections of the Civil Aviation Act 1988 and other associated regulations. It is imperative for aircraft operators and relevant parties to adhere strictly to these directives to avoid any legal repercussions.
Given the international nature of these regulations, CASA’s role is pivotal in ensuring that Australian aircraft meet global safety standards. This involves not only issuing ADs but also enforcing compliance and penalising non-compliance. The process is streamlined and efficient, given the established international protocols and the obligations under the Convention on International Civil Aviation, which ensures that all parties involved are well-informed and compliant with the necessary safety requirements.