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 2002-256 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 328/14, 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, enacted by the Australian Parliament, provides the legislative framework for the regulation of civil aviation within Australia. This Act was introduced to address the need for a comprehensive legal structure to govern the safety and efficiency of civil aviation in Australia, including the issuance of airworthiness directives to ensure the safety of aircraft. Pursuant to this Act, the Civil Aviation Safety Regulations 1998 were established, granting the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives for specified types of aircraft or aeronautical products. These directives are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The policy objective is to align Australian aviation safety standards with international obligations under the Convention on International Civil Aviation, particularly those concerning the continuing airworthiness of aircraft, thereby ensuring the safety of air navigation in Australia.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs). The Act applies to the Governor-General who has the power to make regulations for the safety of air navigation, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers CASA to issue ADs for particular types of aircraft or aeronautical products. These ADs are legislative instruments that adhere to the requirements of the Legislative Instruments Act 2003. The jurisdictional reach of these regulations is national, given CASA's role as Australia's national airworthiness authority. The application of these ADs is in line with international obligations under Annex 8 to the Convention on International Civil Aviation, which places responsibility for the continuing airworthiness of aircraft types on the State of Design and mandates the State of Registry to implement the necessary requirements. In this context, CASA must assess information provided by the State of Design and issue corresponding ADs for aircraft registered in Australia. The ADs do not require public consultation or a Regulatory Impact Statement, as they are issued in response to international obligations and specific assessments by CASA.
Key Provisions
The key operative sections of the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legislative framework for the issuance of airworthiness directives (ADs). Section 98 of the Act allows the Governor-General to make regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue ADs for specific kinds of aircraft or aeronautical products. This regulatory power is further clarified in subregulation 39.001(5), which specifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and hence, a legislative instrument under the Legislative Instruments Act 2003.
The obligations imposed by these provisions on the parties and entities they govern are multifaceted. The State of Design, in this case, Germany, has the responsibility to issue ADs to ensure the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in this context is Australia, must then assess the AD issued by the State of Design and, if necessary, issue an Australian AD to ensure compliance with the requirements. CASA, as Australia's national airworthiness authority, must perform this assessment and issue the corresponding AD to maintain the safety standards set by international agreements.
Breaching the obligations set out in these regulations can lead to significant consequences. Failure to comply with an airworthiness directive can result in severe penalties. Under section 84A(2) of the Civil Aviation Act 1988, CASA has the authority to enforce compliance, and non-compliance can lead to civil or criminal penalties. While the specific penalties are not detailed in the provided text, they generally include fines and, in severe cases, imprisonment. The seriousness of these consequences underscores the importance of adhering to the ADs to maintain the highest safety standards in civil aviation.