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.
The EASA has issued AD 2007-0059 affecting Dornier 228 model aircraft. EASA is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/DO 228/11, which will become effective on 10 May 2007.
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 Manufacturing, Certification and New Technologies Office, 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 legal framework for civil aviation in Australia, addressing the need for regulations to ensure the safety of air navigation. This legislation empowers the Governor-General to create regulations under section 98, which includes the issuance of airworthiness directives by the Civil Aviation Safety Authority (CASA) as stipulated in the Civil Aviation Safety Regulations 1998. These directives are critical for maintaining the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set forth in the Convention on International Civil Aviation. The policy objective is to ensure that Australia's aviation safety standards are in line with international obligations and to maintain high safety standards domestically. The issuing of ADs is a legislative instrument under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003, reflecting their importance in regulatory compliance and safety.
Scope and Application
The Civil Aviation Safety Regulations 1998, as part of the Civil Aviation Act 1988, establish a framework for ensuring the safety of air navigation within Australia. Specifically, regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for types of aircraft or aeronautical products, thus serving as legislative instruments under section 6 of the Legislative Instruments Act 2003. These ADs are essential for maintaining the continuing airworthiness of aircraft, a responsibility shared by the State of Design and the State of Registry. CASA, acting as Australia’s national airworthiness authority, must respond to ADs issued by the State of Design, such as the European Aviation Safety Agency (EASA) for Dornier 228 model aircraft, by issuing corresponding Australian ADs, like AD/DO 228/11, which aligns with international obligations under the Convention on International Civil Aviation. The issuance of these directives is governed by Annex 8, and while such directives are not subject to public consultation, they are critical in ensuring compliance with international standards and maintaining aviation safety within Australia.
Key Provisions
The Civil Aviation Act 1988 provides the legal framework for the regulation of civil aviation in Australia, with the Civil Aviation Safety Regulations 1998 further detailing the requirements and processes. Section 98 of the Act allows the Governor-General to make regulations in the interests of air navigation safety, while regulation 39.001 specifically empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for aircraft or aeronautical products. These ADs are legislative instruments under the Legislative Instruments Act 2003 and must comply with the disallowable instrument requirements outlined in section 46A of the Acts Interpretation Act 1901.
Under the Convention on International Civil Aviation, the State of Design—the country responsible for designing the aircraft—has the primary responsibility for ensuring the continuing airworthiness of an aircraft type. This includes providing necessary information to the States of Registry, which are responsible for the individual aircraft's airworthiness. CASA, as Australia’s national airworthiness authority, is obligated to assess any ADs issued by the State of Design and, if necessary, issue corresponding Australian ADs to enforce the same requirements domestically. This ensures that Australian-registered aircraft meet the international standards for safety and airworthiness.
Entities governed by the Civil Aviation Safety Regulations 1998, such as aircraft manufacturers and operators, must comply with any ADs issued by CASA. This involves adhering to the specified maintenance, repair, or operational requirements outlined in the ADs to ensure that aircraft remain airworthy. Failure to comply with an AD can result in significant legal consequences, as these directives are legally enforceable. CASA has the authority to take action against non-compliant entities, which may include fines, suspension of airworthiness certificates, or other regulatory sanctions.
In the event of a breach of the Civil Aviation Safety Regulations 1998 or failure to comply with an AD, there are both civil and criminal penalties that may apply. Civil penalties can include substantial fines, with the exact amount varying based on the severity and nature of the breach. Additionally, criminal penalties may be imposed for more serious violations, including imprisonment for individuals found guilty of offences under the Act. The maximum penalties can be severe, reflecting the critical importance of air safety and the potential risks associated with non-compliance.