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 1998-479/3 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 328/23, 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 provide a comprehensive legal framework for civil aviation in Australia, addressing various aspects of aviation safety, operations, and regulation. One of its key provisions is the delegation of regulatory authority to the Civil Aviation Safety Authority (CASA) under section 98, empowering CASA to make regulations for the safety of air navigation. The Civil Aviation Safety Regulations 1998 further detail these regulations, with regulation 39.001 specifically allowing CASA to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. This legislative structure aims to ensure that aviation safety standards are upheld both domestically and in alignment with international obligations, particularly under the Convention on International Civil Aviation.
The problem addressed by this legislation is the need for a robust and responsive regulatory mechanism to ensure the continuing airworthiness of aircraft within Australia's airspace. Given that Australia is a signatory to the Convention on International Civil Aviation, it is obligated to implement safety measures that are internationally recognised. The Civil Aviation Act 1988 and its associated regulations, including the issuance of ADs, provide a framework for CASA to act swiftly and effectively in response to safety issues identified by States of Design or other international bodies. The policy objective is to maintain high safety standards in Australia's civil aviation sector, ensuring compliance with both national and international aviation safety requirements.
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 specific kinds of aircraft or aeronautical products. These ADs are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The ADs serve to ensure the continuing airworthiness of aircraft types and are in line with international standards set forth in Annex 8 to the Convention on International Civil Aviation. States of Design, such as Germany for the Dornier 328 series aircraft, have the responsibility to issue ADs, while the State of Registry, in this case, Australia, must adopt and enforce these directives. CASA, as Australia's national airworthiness authority, assesses and issues Australian ADs in response to directives from the relevant State of Design. Notably, no public consultation is required for these ADs, as they are issued under international obligations, and the Office of Regulatory Review has determined that they do not necessitate a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Safety Regulations 1998, under regulation 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products (39.001(1)). An AD is a legislative instrument that ensures the continuing airworthiness of aircraft in accordance with international standards set by the International Civil Aviation Organization (ICAO). Under subregulation 39.001(5), ADs are considered disallowable instruments as per section 46A of the Acts Interpretation Act 1901, and they are formally recognised as legislative instruments under section 6 of the Legislative Instruments Act 2003. This regulatory framework ensures that ADs align with the overarching safety objectives of the Civil Aviation Act 1988 and the Convention on International Civil Aviation.
The obligations imposed by the ADs are significant for both the State of Design and the State of Registry. The State of Design, such as Germany in the case of the Dornier 328 series aircraft, is responsible for issuing ADs based on safety findings and continuing airworthiness considerations. In turn, CASA, as Australia's national airworthiness authority, must assess these ADs and, if necessary, issue corresponding Australian ADs to enforce the requirements domestically (39.001(3)). The State of Registry, which in this context is Australia, must ensure that all aircraft within its registry comply with the mandated ADs to maintain airworthiness standards. This includes ensuring that operators of affected aircraft are informed of the ADs and implement any required actions within the specified timeframes.
Failure to comply with ADs can result in significant legal and financial consequences. Under the Civil Aviation Act 1988, non-compliance with an AD can lead to civil penalties, including fines. The maximum penalty for contravening an AD is set out in section 15A of the Act, which specifies a penalty not exceeding $275,000 for individuals and $1.375 million for corporations, depending on the severity and repeat nature of the offence. In addition to financial penalties, non-compliance can result in criminal charges, which may include imprisonment, reflecting the serious implications of neglecting airworthiness directives. CASA has the authority to enforce these penalties and can take legal action against entities or individuals who fail to comply with the issued ADs.