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 97-149 affecting Dornier 328 series aircraft. Germany is the State of Design for this series aircraft. CASA has assessed this AD and has issued Australian AD/DO 328/12, 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 legislative framework for the regulation of civil aviation in Australia, focusing on the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations that serve the interests of safety in air navigation, such as the Civil Aviation Safety Regulations 1998. These regulations, in turn, grant the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. The ADs are essential for ensuring the continuing airworthiness of aircraft, aligning with Australia's obligations under the Convention on International Civil Aviation. The policy objective is to maintain high safety standards in Australian aviation through effective and timely regulatory measures, as exemplified by the issuance of Australian AD/DO 328/12 in response to an AD from the German LBA concerning Dornier 328 series aircraft. This directive, issued under the authority of CASA, reflects the collaborative international approach to aviation safety.
Scope and Application
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides a framework under which airworthiness directives (ADs) can be issued to ensure the safety of air navigation in Australia. The Act allows the Governor-General to make regulations, which in turn empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. These directives are legally binding and serve as legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and formalised as legislative instruments under the Legislative Instruments Act 2003. The application of these directives aligns with international standards under Annex 8 to the Convention on International Civil Aviation, where the State of Design is responsible for the continuing airworthiness of an aircraft type, and the State of Registry must implement requirements to maintain this airworthiness. In practice, CASA must issue an Australian AD when the State of Design issues a directive affecting aircraft registered in Australia. This process ensures compliance with international obligations and maintains safety standards. Notably, the issuance of such directives typically does not involve public consultation or require a Regulatory Impact Statement, as they are based on international agreements and expert assessments.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for ensuring the safety of air navigation in Australia, with specific provisions for the issuance of airworthiness directives (ADs). Section 98 of the Civil Aviation Act 1988 allows the Governor-General to make regulations for the purposes of the Act, focusing on safety. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific types of aircraft or aeronautical products. This regulation ensures that the directives are legally binding instruments, as per subregulation 39.001(5) and section 46A of the Acts Interpretation Act 1901, and they are classified as legislative instruments under section 6 of the Legislative Instruments Act 2003.
These ADs are crucial in maintaining the continuing airworthiness of aircraft, a responsibility assigned to the State of Design under Annex 8 to the Convention on International Civil Aviation. The State of Design must provide necessary information to ensure the airworthiness of aircraft types, and ADs are the primary means of disseminating this information. The State of Registry, which in Australia is CASA, must then evaluate this information and, if necessary, issue an Australian AD to enforce the State of Design's requirements. For instance, the German LBA issued AD 97-149 for Dornier 328 series aircraft, and CASA assessed and issued Australian AD/DO 328/12, effective from 19 January 2006.
In terms of obligations, the Act and regulations impose specific duties on CASA and other entities. CASA must assess ADs issued by the State of Design and determine if an Australian AD is necessary. If so, CASA must issue the AD to ensure compliance with safety standards. The Act and regulations also impose on aircraft operators the obligation to comply with ADs, ensuring that their aircraft meet the required safety standards. Failure to comply with ADs can lead to significant safety risks, including potential accidents or incidents.
Under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, there are serious consequences for non-compliance with ADs. Section 37 of the Civil Aviation Act 1988 allows CASA to issue infringement notices for minor breaches, with a maximum penalty of $3,300 for individuals and $16,500 for corporations. More serious breaches may result in prosecution, with potential criminal penalties including fines of up to $275,000 for individuals and $1.375 million for corporations, and imprisonment for up to five years. Additionally, CASA has the authority to suspend or cancel airworthiness certificates for non-compliance, which can prevent an aircraft from operating until the required actions are taken. These provisions ensure that ADs are taken seriously and that compliance is enforced to maintain the highest safety standards in civil aviation.