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 97-331/2 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 328/22, 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 establish a regulatory framework for civil aviation in Australia, aiming to ensure safety and efficiency in air navigation. This Act empowers the Governor-General to make regulations that serve the interests of air navigation safety. One such regulation, 39.001 of the Civil Aviation Safety Regulations 1998, allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901. The policy objective behind these regulations is to harmonise Australia's approach with international standards set by the International Civil Aviation Organization (ICAO), particularly regarding the continuing airworthiness of aircraft types designed in foreign states. In this context, CASA's role as the national airworthiness authority involves assessing ADs issued by the State of Design and, if necessary, issuing corresponding Australian ADs to ensure compliance with international safety standards.
Scope and Application
The Civil Aviation Act 1988, as amended and supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of air navigation. These regulations empower CASA to issue ADs for specific kinds of aircraft or aeronautical products as a means to mandate requirements for the continuing airworthiness of aircraft registered in Australia. This applies to any aircraft or aeronautical products that fall under the purview of the Civil Aviation Act and are subject to the Civil Aviation Safety Regulations. The ADs, which are legislative instruments under the Acts Interpretation Act 1901, are issued in accordance with Annex 8 to the Convention on International Civil Aviation and reflect Australia’s commitment to international standards for airworthiness. The issuance of an AD by CASA is typically in response to directives issued by the State of Design, ensuring that the aircraft meet the necessary safety standards as agreed upon internationally. While the ADs are binding on the entities and individuals they apply to, no public consultation is required for their issuance as they are considered to not necessitate a Regulatory Impact Statement. The ADs are issued under the authority of the Act by relevant CASA officials, ensuring compliance with the legislative process.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to create regulations to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These directives are legislative instruments, as defined under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003.
Under the Convention on International Civil Aviation, the State of Design is responsible for the continuing airworthiness of an aircraft type, and must provide necessary information to the States of Registry to ensure safety. The State of Registry, which in Australia is CASA, must then assess this information and, if appropriate, issue its own AD to enforce the requirements. This process ensures that aircraft types registered in Australia meet international safety standards.
The obligations imposed by this Act and the accompanying regulations require CASA to monitor and respond to ADs issued by the State of Design, such as Germany for the Dornier 328 series aircraft. CASA has assessed Germany’s AD 97-331/2 and issued Australian AD/DO 328/22, effective from 19 January 2006. This AD does not require public consultation or a Regulatory Impact Statement, as it is in response to international obligations and is made by CASA in accordance with the Act.
Failure to comply with the requirements set out in an AD can lead to serious safety risks and legal consequences. CASA can take enforcement action against non-compliance, which may include fines, suspension of airworthiness certificates, and other civil or criminal penalties as appropriate. The exact penalties depend on the nature and severity of the breach but can include substantial fines and imprisonment for serious offences.