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 2009-0031 affecting Dornier 228 series aeroplanes. Germany is the State of Design for these aeroplanes. CASA has assessed this AD and has issued Australian AD/DO 228/17, which will become effective on 7 May 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 was enacted to regulate the aviation industry in Australia, focusing on ensuring the safety of air navigation and the continuing airworthiness of aircraft. The Act provides the framework for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs are legislative instruments that mandate specific safety measures to address identified issues in aircraft types or aeronautical products. CASA, as Australia's national airworthiness authority, is responsible for assessing and implementing ADs issued by the States of Design or other Contracting States under the Convention on International Civil Aviation. This process ensures compliance with international standards and facilitates the safe operation of aircraft on the Australian register. The ADs are made in accordance with the Act and do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
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. These directives are issued to ensure the safety of air navigation and are underpinned by Australia's commitments under the Convention on International Civil Aviation. The ADs are applicable to all aircraft registered in Australia and are mandated to maintain the continuing airworthiness of such aircraft. The State of Design, in this case Germany for Dornier 228 series aeroplanes, holds the primary responsibility for issuing ADs for aircraft types, while the State of Registry, represented by CASA, must ensure these directives are implemented within Australia. As ADs are classified as disallowable instruments, they are subject to legislative scrutiny and are issued in accordance with the provisions of the Legislative Instruments Act 2003. Exemptions or exclusions from these regulations are not detailed in the provided text, but the necessity for compliance with international standards suggests minimal deviations from the outlined regulatory framework.
Key Provisions
The Civil Aviation Act 1988 provides the overarching framework for the regulation of aviation safety in Australia, empowering the Governor-General to make regulations for this purpose under section 98. In particular, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. Such ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901 and legislative instruments under section 6 of the Legislative Instruments Act 2003. ADs serve as a critical mechanism for maintaining the continuing airworthiness of aircraft types, as per the requirements of Annex 8 to the Convention on International Civil Aviation.
The obligations imposed on parties under this legislation include the State of Design, which has the responsibility to ensure the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. The State of Registry, in this case, CASA, must assess the ADs issued by the State of Design and, if necessary, issue an Australian AD to enforce the requirements of the State of Design. For example, in the case of AD 2009-0031 affecting the Dornier 228 series aeroplanes, Germany as the State of Design issued the directive, which CASA subsequently assessed and issued as Australian AD/DO 228/17.
There are no public consultation requirements for ADs as they are issued pursuant to Australia’s obligations under the Convention on International Civil Aviation and in response to directives from the relevant State of Design. Additionally, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The Manager, Systems and New Technologies, in the Airworthiness Engineering Group, issued this AD on behalf of CASA, in accordance with subsection 84A(2) of the Act.
Any breaches of these regulations may lead to civil or criminal penalties, although specific offences and penalties are not detailed in the text provided. The ADs are designed to ensure compliance with international safety standards, and non-compliance could result in serious safety risks, potentially leading to enforcement actions by CASA. The exact nature of these penalties would depend on the specifics of the breach and the regulatory context in which it occurs.