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 97-354 affecting AvCraft Aerospace GmbH Dornier 328-100 model aircraft. Germany is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/DO 328/10, which will become effective on 19 January 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, New Technologies and Systems, 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 was enacted to provide a comprehensive legal framework governing civil aviation in Australia, addressing the need for robust safety standards and regulatory oversight. This Act empowers the Governor-General to create regulations that ensure the safety of air navigation, as seen in the delegation of authority to the Civil Aviation Safety Authority (CASA) under regulation 39.001 of the Civil Aviation Safety Regulations 1998 to issue airworthiness directives (ADs). These ADs are crucial for maintaining the continuing airworthiness of aircraft, aligning with the obligations under the Convention on International Civil Aviation, particularly Annex 8, which mandates that the State of Design must provide necessary information to ensure aircraft airworthiness. CASA, as Australia’s national airworthiness authority, is tasked with assessing these international directives and, if necessary, issuing corresponding Australian ADs to comply with international standards and ensure the safety and compliance of aircraft registered in Australia.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, particularly the Civil Aviation Safety Regulations 1998, govern the issuance of airworthiness directives (ADs) in Australia, with the overarching aim of ensuring the safety of air navigation. The Act applies to the Australian Civil Aviation Safety Authority (CASA), which has the authority to issue ADs for specific kinds of aircraft or aeronautical products under regulation 39.001. These directives are legislative instruments and are issued in accordance with international standards, such as those set out in Annex 8 to the Convention on International Civil Aviation. The ADs are issued to maintain the continuing airworthiness of aircraft registered in Australia, following the recommendations of the State of Design, which, in this case, is Germany for the Dornier 328-100 model aircraft. The jurisdictional reach of these regulations is national, encompassing all aircraft registered in Australia and ensuring compliance with international safety standards. The Act does not mandate public consultation for ADs issued in response to international directives, and the Office of Regulatory Review has determined that such directives do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, through section 98, allows the Governor-General to enact regulations aimed at ensuring the safety of air navigation. Complementing this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, making it a legislative instrument as defined by section 6 of the Legislative Instruments Act 2003.
Under Annex 8 to the Convention on International Civil Aviation, the State of Design holds overall responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure such airworthiness. This information typically comes in the form of ADs, which are issued by most ICAO Contracting States. In the context of Australia, the State of Registry, which is CASA, is responsible for ensuring the continuing airworthiness of individual aircraft on the Australian Register. When a State of Design, such as Germany in this case, issues an AD, CASA must assess the information and, if deemed appropriate, issue an Australian AD to enforce the requirements of the State of Design.
In this specific instance, the German Federal Aviation Office (LBA) issued AD 97-354 affecting the AvCraft Aerospace GmbH Dornier 328-100 model aircraft, with Germany being the State of Design. CASA assessed this directive and issued Australian AD/DO 328/10, which will become effective on 19 January 2006. Given that this AD is issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, no consultation of the Australian public has taken place. Additionally, the Office of Regulatory Review has determined that ADs do not require a Regulatory Impact Statement.
The AD was made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in accordance with subsection 84A(2) of the Act. The obligations imposed on the parties governed by this Act include the duty of the State of Design to provide necessary information for the continuing airworthiness of aircraft types, and the State of Registry, in this case CASA, to assess and enforce these requirements. Failure to comply with an AD can result in significant civil and criminal consequences. For instance, operating an aircraft in a manner that contravenes an AD can lead to civil penalties, including fines of up to $105,000 for individuals and $525,000 for corporations, as stipulated in section 25 of the Civil Aviation Act 1988. Furthermore, serious breaches could result in criminal charges, potentially leading to imprisonment.