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 LBAA has issued AD 2001-045/2 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 228/6, which will become effective on 16 February 2006.
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, Airframes 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, enacted by the Parliament of Australia, was introduced to provide a comprehensive framework for the regulation of civil aviation within Australia, with a primary focus on ensuring the safety and efficiency of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were established to govern various aspects of aviation safety, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). The ADs serve as a critical mechanism for maintaining the continuing airworthiness of aircraft, in line with international standards set forth by the Convention on International Civil Aviation. These directives are issued in response to identified safety issues, and CASA's role is to assess and, if necessary, adopt or adapt these directives for Australian-registered aircraft. This process ensures that Australia meets its international obligations while safeguarding the safety of air navigation within its jurisdiction.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 apply to all aircraft and aeronautical products operating within Australia, ensuring their airworthiness and safety. Under the Act, the Civil Aviation Safety Authority (CASA) has the authority to issue airworthiness directives (ADs) that mandate compliance with safety standards for specific aircraft types or aeronautical products. These ADs are legislative instruments that can be issued in response to international standards set by the International Civil Aviation Organization (ICAO) and are subject to disallowance and review processes as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The Act requires CASA to issue Australian ADs if necessary, ensuring that aircraft registered in Australia meet international safety standards. In this particular case, CASA issued Australian AD/DO 228/6 in response to a German AD for Dornier 228 model aircraft, reflecting Australia’s obligations under international conventions without necessitating public consultation or a Regulatory Impact Statement.
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 that serve the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These ADs are considered legislative instruments, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901 and governed by the Legislative Instruments Act 2003.
The obligations imposed by the Civil Aviation Act and the Civil Aviation Safety Regulations 1998 require CASA to act on ADs issued by the State of Design. The State of Design, in this case, Germany for the Dornier 228 model, has the primary responsibility for ensuring the continuing airworthiness of the aircraft type. When such a State issues an AD, CASA must assess the information provided and, if deemed necessary, issue an Australian AD to mandate the requirements. This ensures that Australian-registered aircraft of the specified type comply with international safety standards.
The German LBAA issued AD 2001-045/2 for the Dornier 228 model, and CASA has assessed this directive, issuing Australian AD/DO 228/6. This Australian AD will become effective on 16 February 2006. The issuance of this AD is a direct response to international obligations under the Convention on International Civil Aviation and the need to maintain the continuing airworthiness of aircraft registered in Australia. As this directive is issued due to these obligations and in response to an AD from the relevant State of Design, there was no requirement for public consultation. The Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement.
Under the Civil Aviation Act, CASA has the authority to issue ADs as part of its role in ensuring the safety of air navigation. The AD in question was made by the Manager, Airframes in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A(2) of the Act. Any breach of the requirements set forth in these ADs can result in civil or criminal consequences, including penalties for non-compliance, which can vary depending on the severity of the breach.