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 1999-027 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 328/19, 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, addresses the regulation of civil aviation in Australia with a primary focus on ensuring the safety of air navigation. This legislation empowers the Governor-General to make regulations necessary for the Act's purposes and the interests of aviation safety. Under the Act, the Civil Aviation Safety Regulations 1998 were established to provide a regulatory framework for the safety and airworthiness of aircraft. Section 39.001 of these regulations allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. The issuance of these ADs, which are considered legislative instruments under the Legislative Instruments Act 2003, is essential for maintaining the continuing airworthiness of aircraft in accordance with international standards set by the Convention on International Civil Aviation. The policy objective of these regulations is to ensure that aircraft operations within Australia adhere to internationally recognised safety standards, thereby protecting public safety and facilitating international air travel.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance and review as per the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs are issued to ensure compliance with international standards, particularly under Annex 8 of the Convention on International Civil Aviation, where the State of Design has the responsibility for the continuing airworthiness of an aircraft type. In Australia, CASA, as the national airworthiness authority, must assess and, if necessary, issue Australian ADs to enforce the requirements set by the State of Design. For instance, CASA issued Australian AD/DO 328/19 in response to an AD from Germany concerning the AvCraft Aerospace GmbH Dornier 328-100 model aircraft. This process is mandated by international obligations and does not require public consultation or a Regulatory Impact Statement. The ADs are made by designated CASA officials in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. This legislative framework is further elaborated upon in the Civil Aviation Safety Regulations 1998, particularly in regulation 39.001, which allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. Subregulation 39.001(5) confirms that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, thereby classifying it as a legislative instrument as per section 6 of the Legislative Instruments Act 2003. This regulatory process is aligned with Annex 8 to the Convention on International Civil Aviation, which stipulates that the State of Design has the overarching responsibility for ensuring the continuing airworthiness of an aircraft type and must provide necessary information to relevant States of Registry.
In terms of obligations, the State of Design, in this case, the German Federal Aviation Office (LBA), is responsible for issuing ADs for aircraft types designed within its jurisdiction. The State of Registry, such as CASA for Australia, must ensure that any AD issued by the State of Design is assessed and, if necessary, an equivalent AD is issued within the jurisdiction. This process ensures that the safety standards for aircraft are consistent across different jurisdictions. For instance, the German LBA issued AD 1999-027 concerning the AvCraft Aerospace GmbH Dornier 328-100 model aircraft, prompting CASA to issue Australian AD/DO 328/19, effective from 19 January 2006. This regulatory response adheres to international conventions and domestic requirements, ensuring that the aircraft meet the necessary safety standards.
The issuance of an AD, such as AD/DO 328/19, does not require consultation with the Australian public or a Regulatory Impact Statement, as determined by the Office of Regulatory Review. This reflects the nature of ADs as technical mandates rather than broad policy measures. The Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office of CASA, has the authority to issue such directives in accordance with subsection 84A(2) of the Act. This centralised authority ensures that ADs are issued promptly and efficiently to maintain airworthiness standards.
The consequences of non-compliance with ADs can be severe. While the specific offences and penalties are not detailed in the provided text, it is understood that failure to adhere to ADs can result in significant civil and criminal penalties. Non-compliance could lead to enforcement actions against the aircraft operator or owner, potentially resulting in fines, suspension or revocation of airworthiness certificates, or even criminal charges in cases of gross negligence. These stringent measures underscore the importance of adhering to ADs to maintain the highest safety standards in aviation.