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 1999-175 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 328/21, 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 ensure the safety and efficiency of civil aviation in Australia, particularly focusing on the safety of air navigation. The Act empowers the Governor-General to create regulations aimed at enhancing the safety of air navigation. Under this Act, the Civil Aviation Safety Regulations 1998 were introduced, which include provisions for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA) for specific types of aircraft or aeronautical products. These ADs are legislative instruments that must be assessed and, if necessary, implemented by the State of Registry, which in Australia is CASA. The enactment of this legislation addresses the need for consistent and internationally recognised safety standards in civil aviation, ensuring that Australian aviation practices align with global conventions such as the Convention on International Civil Aviation. The policy objective is to maintain the highest safety standards in the operation of aircraft within Australia, reflecting Australia's commitment to international safety protocols.
Scope and Application
The Civil Aviation Act 1988, specifically through regulation 39.001 of the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives are legislative instruments under the Legislative Instruments Act 2003 and serve to ensure the continuing airworthiness of aircraft, aligning with international standards set by the International Civil Aviation Organization (ICAO). The ADs mandate requirements set by the State of Design for the aircraft type, with CASA as Australia's national airworthiness authority, responsible for assessing and, if necessary, issuing corresponding Australian ADs. This process is integral to fulfilling Australia's obligations under the Convention on International Civil Aviation and is executed without public consultation or a Regulatory Impact Statement as deemed by the Office of Regulatory Review. This legislative framework ensures that ADs are issued under the authority of the Act by CASA officials, specifically the Manager, New Technologies and Systems, in accordance with the statutory provisions.
Key Provisions
The Civil Aviation Act 1988 (section 98) allows the Governor-General to create regulations for the Act’s purposes and for the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is empowered to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. These ADs, which are considered legislative instruments under section 6 of the Legislative Instruments Act 2003, are issued to ensure the continuing airworthiness of aircraft. As such, section 39.001(5) of the Civil Aviation Safety Regulations 1998 specifies that ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901.
The obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 primarily pertain to ensuring the continuing airworthiness of aircraft. The State of Design, in this case, Germany for the Dornier 328 series aircraft, has the responsibility under Annex 8 to the Convention on International Civil Aviation to provide necessary information to ensure the continuing airworthiness of the aircraft type. Consequently, the State of Registry, which in this scenario is Australia, must develop or adopt requirements to maintain the airworthiness of the aircraft registered within its jurisdiction. When the State of Design issues an AD, CASA must assess the directive and, if necessary, issue an Australian AD to enforce the requirements stipulated by the State of Design.
Failure to comply with the ADs issued under the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 can result in significant legal consequences. The Act and the Regulations do not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance with ADs. However, non-compliance can lead to severe ramifications, including potential grounding of aircraft, enforcement actions by CASA, and even criminal charges under other applicable aviation laws. The severity of penalties would depend on the nature and extent of the non-compliance, and could include fines and imprisonment as stipulated in other relevant legislation.
Given that ADs are issued in response to international obligations and in alignment with the Convention on International Civil Aviation, they do not require consultation with the Australian public or a Regulatory Impact Statement. The process of issuing such ADs is managed by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office of CASA, in accordance with subsection 84A(2) of the Act. This streamlined approach ensures that ADs are issued promptly to address any airworthiness issues without unnecessary delays.