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 97-330 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 328/17, 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 for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. Under section 98 of the Act, the Governor-General has the authority to make regulations that serve the interests of safety in air navigation. The Civil Aviation Safety Regulations 1998, made under this Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments, which are disallowable under the Acts Interpretation Act 1901. CASA's role includes assessing and, if necessary, issuing Australian ADs to ensure compliance with international standards, particularly those set by the State of Design under the Convention on International Civil Aviation.
The Civil Aviation Safety Regulations 1998 also mandate that CASA, as Australia's national airworthiness authority, must respond to ADs issued by the State of Design, ensuring the continuing airworthiness of aircraft registered in Australia. This is particularly pertinent when a State of Design, such as Germany in the case of the AvCraft Aerospace GmbH Dornier 328-100 model aircraft, issues an AD. CASA's assessment of such directives leads to the issuance of corresponding Australian ADs, which are effective as per the specified dates. Given the international obligations and the nature of these directives, no public consultation is required, and a Regulatory Impact Statement is deemed unnecessary. The ADs are issued by CASA's Manager, New Technologies and Systems, within the Manufacturing, Certification and New Technologies Office, in accordance with the Act's provisions.
Scope and Application
The Civil Aviation Act 1988, as amended and supplemented by the Civil Aviation Safety Regulations 1998, encompasses the legislative framework governing civil aviation in Australia, with a particular focus on ensuring the safety of air navigation. Under this Act, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) pertaining to specific types of aircraft or aeronautical products, in accordance with regulation 39.001. These directives serve as legislative instruments and are instrumental in maintaining the continuing airworthiness of aircraft as mandated by Annex 8 to the Convention on International Civil Aviation. The Act applies to entities such as aircraft manufacturers, operators, and other relevant stakeholders within the aviation industry, ensuring that they adhere to the safety standards set forth by CASA. Geographically, the Act operates within the national jurisdiction of Australia, aligning with international obligations and standards set by ICAO. The Act does not specify exclusions or exemptions but relies on the assessment of CASA to determine when and how ADs should be issued in response to international directives, such as the German LBA's AD 97-330 affecting the Dornier 328-100 model aircraft. CASA's issuance of ADs is subject to its regulatory duties and international agreements, and these directives are crafted by CASA officials in alignment with the legislative provisions outlined in the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework for ensuring the safety of air navigation in Australia. Under section 98 of the Act, the Governor-General can create regulations to promote safety in air navigation, while regulation 39.001 of the Regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments that need to be assessed and potentially adopted by CASA, in accordance with section 6 of the Legislative Instruments Act 2003.
The obligations placed on CASA by the Act and Regulations include assessing ADs issued by other countries' regulatory authorities, such as the German Federal Aviation Office (LBA), to determine their applicability to aircraft registered in Australia. Once CASA has determined that an AD is relevant to Australian-registered aircraft, it must issue its own AD to ensure compliance with the original directive. This process is exemplified by the issuance of Australian AD/DO 328/17 in response to German AD 97-330, which affects the AvCraft Aerospace GmbH Dornier 328-100 model aircraft. The State of Registry, in this case, Australia, must ensure the continuing airworthiness of the aircraft by adopting and enforcing the ADs issued by the State of Design.
Failure to comply with the ADs could result in serious safety risks, leading to potential criminal or civil penalties under the Civil Aviation Act 1988. Specifically, section 41 of the Act provides that a person must not operate an aircraft in a manner that endangers the safety of the aircraft or of any person in or on the aircraft. Additionally, section 42 outlines the offence of failing to comply with airworthiness directives, which can result in fines and imprisonment. The exact penalties are not specified in the provided text but are typically determined by the severity of the violation and the potential risk posed by non-compliance. CASA, as the national airworthiness authority, plays a critical role in enforcing these provisions to maintain the highest safety standards in Australian aviation.