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 2003-084 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 328/2, which will become effective on 22 December 2005.
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, addressing the need for comprehensive safety and operational standards. The Act empowers the Governor-General to make regulations that serve the interests of air navigation safety, delegating authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. This regulatory mechanism is critical in ensuring that aircraft and aeronautical products meet continuing airworthiness standards, aligning with international obligations under Annex 8 to the Convention on International Civil Aviation. The Act thus seeks to maintain high safety standards in the Australian civil aviation sector, reflecting the shared responsibility between the State of Design and the State of Registry for ensuring the ongoing airworthiness of aircraft.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a comprehensive framework for the regulation of airworthiness directives (ADs) in Australia, ensuring compliance with international civil aviation standards. Under this legislation, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs for specific types of aircraft or aeronautical products to ensure their continuing airworthiness. These ADs, which are legislative instruments, are issued in response to continuing airworthiness information provided by the State of Design or in alignment with international obligations under the Convention on International Civil Aviation. The State of Registry, in this case CASA, is responsible for the continuing airworthiness of aircraft registered in Australia, and must ensure that all necessary requirements are met as per the ADs issued. Exemptions or exclusions from the application of these ADs are not specified in the given text, indicating that the directives apply universally to the designated aircraft or aeronautical products. Subordinate instruments and regulations may extend or restrict the application of these ADs, providing further specificity and enforcement mechanisms.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the regulation of airworthiness directives (ADs). Section 98 of the Act empowers the Governor-General to create regulations in the interest of air navigation safety, while regulation 39.001 of the 1998 Regulations allows the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and therefore constitute legislative instruments as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by these regulations are significant for both the State of Design and the State of Registry. The State of Design, which in this case is Germany for the AvCraft Aerospace GmbH Dornier 328-100 model aircraft, has the responsibility to ensure the continuing airworthiness of the aircraft type and must provide necessary information to the State of Registry. In turn, the State of Registry, represented by CASA in Australia, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft registered within its jurisdiction. When a State of Design issues an AD, CASA is mandated to assess the information and, if necessary, issue an Australian AD to enforce the requirements of the State of Design.
Failure to comply with ADs can result in severe consequences. Both civil and criminal penalties can be imposed for non-compliance with ADs, although specific penalties are not detailed in the provided text. The ADs are integral to maintaining the safety standards required under international conventions, and non-compliance can lead to significant regulatory and legal repercussions for both the aircraft operators and the authorities involved.
Additionally, the process of issuing ADs is streamlined to ensure timely and effective responses to airworthiness concerns. As this AD is issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD raised by the relevant State of Design, no public consultation is required. The Office of Regulatory Review has also determined that ADs do not necessitate a Regulatory Impact Statement. This AD was made by the Manager, New Technologies and Systems, within CASA's Manufacturing, Certification and New Technologies Office, in accordance with subsection 84A(2) of the Act.