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 German LBA has issued AD D-2007-350 affecting Dornier 228 model aircraft. Germany is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DO 228/12, which will become effective on 14 February 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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes 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, addresses the regulation of civil aviation in Australia, with a primary focus on ensuring the safety of air navigation. Under the authority granted by this Act, the Civil Aviation Safety Regulations 1998 were also established to further detail the procedures and standards required to maintain airworthiness of aircraft. One of the key mechanisms for ensuring ongoing compliance with these safety standards is the issuance of airworthiness directives (ADs). ADs are legislative instruments that mandate corrective actions or modifications to aircraft or aeronautical products to ensure their continued airworthiness. The Civil Aviation (Administrative Provisions) Regulations 1990 provide the framework for these directives, empowering the Civil Aviation Safety Authority (CASA) to issue ADs in response to safety concerns identified by the State of Design or other international civil aviation authorities. This legislative approach is crucial for harmonising Australian aviation safety standards with international obligations, particularly under the Convention on International Civil Aviation.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. This authority is exercised under regulation 39.001 of the Civil Aviation Safety Regulations, which allows CASA to mandate airworthiness directives as legislative instruments. This regulatory framework ensures that CASA, as Australia's national airworthiness authority, can issue ADs that align with international standards set by the Convention on International Civil Aviation, particularly Annex 8. The State of Design, in this case Germany for the Dornier 228 model aircraft, holds the primary responsibility for continuing airworthiness, while the State of Registry, represented by CASA in Australia, must ensure compliance with the ADs issued by the State of Design. This legislative mechanism facilitates the effective and timely dissemination of airworthiness information across international borders, thereby enhancing aviation safety without the need for public consultation or a Regulatory Impact Statement due to its alignment with international obligations.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Under section 98 of the Act, the Governor-General has the authority to make regulations for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) classifies ADs as disallowable instruments, meaning they can be annulled by a resolution of either House of Parliament, in accordance with section 46A of the Acts Interpretation Act 1901. Moreover, under section 6 of the Legislative Instruments Act 2003, ADs are recognised as legislative instruments.
The obligations imposed by the Act and the Regulations on parties and entities, particularly CASA, include the assessment and potential issuance of Australian ADs in response to ADs issued by the State of Design. The State of Design, in this case, Germany, has an obligation to provide information necessary to ensure the continuing airworthiness of the aircraft type, while the State of Registry, in this instance Australia, is responsible for the continuing airworthiness of individual aircraft registered within its jurisdiction. CASA must ensure that the requirements outlined in the Australian AD align with those issued by the State of Design, thereby fulfilling its duty under Annex 8 of the Convention on International Civil Aviation.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 do not explicitly outline specific offences, penalties, or consequences for breaches of ADs. However, failure to comply with ADs can lead to severe civil and criminal penalties under other sections of the Act. For example, section 36 makes it an offence to operate an aircraft that does not meet the requirements of an AD, which can result in substantial fines and imprisonment. Additionally, CASA has the authority to impose administrative penalties, such as fines and the suspension or revocation of certificates of airworthiness, for non-compliance with ADs.
The issuance of an AD, such as AD/DO 228/12, does not require public consultation as it is grounded in Australia's international obligations and responses to ADs from the State of Design. Furthermore, the Office of Best Practice Regulation has determined that ADs do not necessitate a Regulatory Impact Statement. The AD in question was made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A(2) of the Act, ensuring that the directive adheres to the legal framework governing civil aviation safety in Australia.