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-27/3 affecting Dornier DO-27 series aeroplanes. CASA has assessed this AD and as a result has cancelled Australian AD/DO-27/3. 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 Manager Airframe and Structures, 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 establish the legal framework for the regulation of civil aviation in Australia, focusing on safety and efficiency. This Act empowers the Governor-General to make regulations that align with the Act's objectives, specifically under section 98, to ensure the safety of air navigation. The Civil Aviation Safety Regulations 1998 complement this Act by delegating to the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) concerning types of aircraft or aeronautical products, as stipulated in regulation 39.001. These ADs serve as legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. In accordance with Annex 8 of the Convention on International Civil Aviation, the State of Design bears the responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry. CASA, as Australia's national airworthiness authority, assesses this information and issues Australian ADs when required, ensuring compliance with international obligations and maintaining the safety standards for aircraft on the Australian Register.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically authorises CASA to issue ADs for specific types of aircraft or aeronautical products. The ADs serve as legislative instruments under subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, and they are also subject to the Legislative Instruments Act 2003. These directives are intended for aircraft registered within Australia, and CASA, as the national airworthiness authority, has the responsibility to assess and implement ADs issued by the State of Design, ensuring the continuing airworthiness of aircraft types registered in Australia. In the specific case of the Dornier DO-27 series aeroplanes, CASA has cancelled Australian AD/DO-27/3 as the unsafe condition no longer exists, in compliance with international obligations under the Convention on International Civil Aviation. This cancellation does not require consultation with the Australian public or a Regulatory Impact Statement, as determined by the Office of Best Practice Regulation.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 relevant to the issue of airworthiness directives (ADs) are section 98 of the Act, which allows the Governor-General to make regulations for the safety of air navigation, and regulation 39.001 of the Regulations, which empowers the Civil Aviation Safety Authority (CASA) to issue ADs for kinds of aircraft or aeronautical products. Under subregulation 39.001(5), an AD is recognised as a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and thus constitutes a legislative instrument under section 6 of the Legislative Instruments Act 2003. The issuance of ADs is a common practice among ICAO Contracting States, with the State of Design having primary responsibility for the continuing airworthiness of an aircraft type, and the State of Registry responsible for the continuing airworthiness of individual aircraft.
In terms of obligations and requirements, the State of Design must provide any information necessary to ensure the continuing airworthiness of a type of aircraft to the appropriate States of Registry, in accordance with Annex 8 to the Convention on International Civil Aviation. The State of Registry, in this case CASA as Australia's national airworthiness authority, must assess this information and, if necessary, issue an Australian AD to mandate the requirements of the State of Design. This process ensures that aircraft on the Australian Register comply with international safety standards. CASA has assessed the AD/DO-27/3 affecting Dornier DO-27 series aeroplanes and determined that it should be cancelled because the unsafe condition it addressed no longer exists, and no replacement AD is required.
The Civil Aviation Safety Regulations 1998 and related provisions do not impose specific obligations on individual aircraft owners or operators beyond complying with any ADs that apply to their aircraft. CASA's role is to issue ADs that mandate safety requirements, and the responsibility of aircraft owners and operators is to ensure compliance with these directives. In this instance, since AD/DO-27/3 has been cancelled, there are no ongoing requirements for operators of Dornier DO-27 series aeroplanes in Australia.
Regarding offences, penalties, or consequences for breach, the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 do not specify particular penalties for non-compliance with ADs. However, operating an aircraft in a manner that contravenes an AD can lead to serious safety implications and may result in enforcement actions by CASA. The consequences can include fines, suspension or revocation of the aircraft's certificate of airworthiness, and potential criminal charges if the non-compliance results in an aviation accident or serious safety incident. The maximum penalties for offences under the Civil Aviation Act 1988 can vary, with significant fines and imprisonment terms possible for serious violations.