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 Civil Aviation Safety Authority or its predecessors issued AD/DO-27/10 affecting Dornier DO-27 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DO-27/10. The cancellation will become effective on 30 July 2009. No replacement AD is required, as the unsafe condition no longer exists.
As this AD has been cancelled because of Australia’s obligations under the Convention on International Civil Aviation, no consultation with the Australian public has taken place on this AD cancellation. The Office of Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the 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, enacted by the Australian Parliament, was established to regulate civil aviation safety and ensure the safety of air navigation. The Act empowers the Governor-General to create regulations for air navigation safety, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs, as legislative instruments, aim to maintain the continuing airworthiness of aircraft in accordance with Annex 8 of the Convention on International Civil Aviation. The ADs are designed to address safety concerns and ensure compliance with international standards. In the case of the Dornier DO-27 series aeroplanes, CASA assessed and subsequently cancelled Australian AD/DO-27/10 due to the resolution of the unsafe condition, effective from 30 July 2009, without requiring public consultation or a Regulatory Impact Statement. This action was taken under the authority vested in CASA by the Act, reflecting the policy objective of maintaining air navigation safety.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for the regulation of civil aviation safety in Australia, with a particular focus on the issuance of airworthiness directives (ADs) to ensure the ongoing safety and airworthiness of aircraft. According to regulation 39.001 of the Civil Aviation Safety Regulations, the Civil Aviation Safety Authority (CASA) has the authority to issue ADs for specific types of aircraft or aeronautical products. This regulatory approach aligns with Australia's obligations under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for the continuing airworthiness of an aircraft type and mandates the provision of necessary information to the States of Registry to maintain airworthiness. Consequently, CASA, as Australia's national airworthiness authority, must assess information from the State of Design and, where necessary, issue Australian ADs to enforce the requisite safety measures. The ADs are legislative instruments that can be disallowed under the Acts Interpretation Act 1901 and are subject to the Legislative Instruments Act 2003. The issuance, assessment, and cancellation of ADs are managed by CASA, reflecting the complex interplay between international obligations and national regulatory frameworks.
Key Provisions
The Civil Aviation Act 1988, through section 98, empowers the Governor-General to create regulations that ensure the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. An AD is a legislative instrument under section 6 of the Legislative Instruments Act 2003, and it is a disallowable instrument under section 46A of the Acts Interpretation Act 1901. These directives are essential for maintaining the continuing airworthiness of aircraft types and products, as per Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design is responsible for providing necessary information to ensure such airworthiness. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of individual aircraft.
Under these legislative provisions, CASA is obligated to assess airworthiness directives issued by the State of Design and, where necessary, issue Australian ADs to enforce these requirements. This obligation stems from Australia's commitment to international civil aviation standards and the need to ensure the safety of aircraft operating within Australian airspace. The cancellation of an AD, such as Australian AD/DO-27/10 affecting Dornier DO-27 series aeroplanes, occurs when the unsafe condition identified in the directive no longer exists. The cancellation of this AD, effective from 30 July 2009, was made in accordance with Australia’s obligations under the Convention on International Civil Aviation, and thus did not require public consultation or a Regulatory Impact Statement. The authority to issue such directives lies with CASA, specifically within the Systems and New Technologies division of the Airworthiness Engineering Group, as stipulated in subsection 84A(2) of the Act.
The Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988 impose significant responsibilities on CASA, including the assessment and issuance of airworthiness directives. Failure to comply with these regulations can result in both civil and criminal consequences. Civil penalties may include fines, and in severe cases, criminal penalties could apply, which may result in imprisonment. The exact penalties are determined by the severity of the breach and are outlined in relevant sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998. CASA’s role is critical in ensuring that all parties adhere to the safety standards mandated by these regulations, thereby safeguarding the public and maintaining the integrity of the aviation safety framework in Australia.