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 97-158 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 328/18, 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 Commonwealth Parliament, aims to ensure the safety of air navigation and the continuing airworthiness of aircraft within Australia. This Act provides the legislative foundation for the creation and enforcement of regulations that support the overarching objective of maintaining high safety standards in civil aviation. Under this Act, the Civil Aviation Safety Regulations 1998 were established to govern various aspects of aviation safety, including the issuance of airworthiness directives (ADs). These ADs are critical for addressing safety concerns and ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). The Civil Aviation Safety Regulations empower the Civil Aviation Safety Authority (CASA) to issue ADs in response to findings by the State of Design or other relevant authorities, thereby fulfilling Australia's obligations under the Convention on International Civil Aviation. This legislative framework ensures that Australian aircraft meet necessary safety standards, thereby protecting passengers and maintaining the integrity of the national aviation system.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives are legislative instruments and are integral to ensuring the continuing airworthiness of aircraft types registered in Australia. They are issued in compliance with the obligations set out in Annex 8 of the Convention on International Civil Aviation, which mandates that the State of Design holds responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry, including Australia. The State of Registry, in turn, is responsible for ensuring the continuing airworthiness of individual aircraft. When an AD is issued by the State of Design, CASA must assess this information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. For example, following the issuance of German AD 97-158 concerning the AvCraft Aerospace GmbH Dornier 328-100 model aircraft, CASA issued Australian AD/DO 328/18, which was effective from 19 January 2006. This AD was issued due to Australia's obligations under the Convention on International Civil Aviation and as a response to the AD raised by the relevant State of Design. Given the international nature of such directives and their necessity for ensuring safety, no public consultation was required, and the Office of Regulatory Review determined that a Regulatory Impact Statement was not necessary.
Key Provisions
The Civil Aviation Act 1988, under section 98, grants the Governor-General the authority to create regulations in the interest of air navigation safety. One of the key provisions is the issuance of airworthiness directives (ADs) as per regulation 39.001 of the Civil Aviation Safety Regulations 1998. These ADs apply to specific kinds of aircraft or aeronautical products and are considered legislative instruments under section 6 of the Legislative Instruments Act 2003.
The obligations placed upon entities by these regulations primarily revolve around ensuring the continuing airworthiness of aircraft. The State of Design, which is responsible for the aircraft type, must provide necessary information to ensure its airworthiness, as stipulated in Annex 8 to the Convention on International Civil Aviation. Correspondingly, the State of Registry, which is responsible for the individual aircraft, must develop or adopt requirements to maintain the continuing airworthiness of the aircraft. In the context of Australia, the Civil Aviation Safety Authority (CASA) assumes the role of the national airworthiness authority. When the State of Design issues an AD, CASA must assess the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
There are specific consequences and penalties associated with non-compliance with the Civil Aviation Safety Regulations 1998. While the legislation does not explicitly state penalties for breaches, it is reasonable to infer that non-compliance could lead to significant legal repercussions, potentially including fines, enforcement actions, and other penalties prescribed by aviation laws and regulations. The seriousness of these consequences underscores the importance of adhering to the airworthiness directives issued under the authority of the Civil Aviation Act 1988.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish a framework for issuing and enforcing airworthiness directives to ensure the safety of air navigation. The obligations placed on the State of Design and the State of Registry are pivotal in maintaining the continuing airworthiness of aircraft. While the legislation does not explicitly outline penalties for breaches, the potential for severe consequences highlights the critical nature of compliance with these regulations.