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 97-243 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 328/24, 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 legislative framework for the regulation of civil aviation in Australia, addressing the need for a comprehensive set of laws governing the safety, efficiency, and orderly growth of civil aviation within the country. This Act was designed to ensure the safety and security of air navigation, to protect life and property, and to facilitate the development of civil aviation infrastructure. Under this Act, the Civil Aviation Safety Regulations 1998 were also established to further define the requirements for aircraft airworthiness, among other things. The Civil Aviation Safety Authority (CASA) is the body responsible for enforcing these regulations, including the issuance of airworthiness directives, which are legislative instruments under section 46A of the Acts Interpretation Act 1901. These directives serve to mandate compliance with international standards for the continuing airworthiness of aircraft types, as outlined in Annex 8 to the Convention on International Civil Aviation. In the case of the German State of Design issuing an airworthiness directive for Dornier 328 series aircraft, CASA has assessed this information and issued its own corresponding directive, AD/DO 328/24, to be effective from 19 January 2006. This action aligns with Australia’s obligations under international conventions and does not require public consultation or a Regulatory Impact Statement.
Scope and Application
The Civil Aviation Act 1988 and its associated regulations, such as the Civil Aviation Safety Regulations 1998, provide a comprehensive framework for ensuring the safety of air navigation in Australia. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These directives, which are legislative instruments as per the Legislative Instruments Act 2003, are critical for maintaining the continuing airworthiness of aircraft. The ADs are issued in line with international obligations under Annex 8 to the Convention on International Civil Aviation, which places responsibility for continuing airworthiness on the State of Design and the State of Registry. In the case of aircraft registered in Australia, CASA, as the national airworthiness authority, must assess and, if necessary, issue corresponding Australian ADs. For example, following the German LBA's issuance of AD 97-243 concerning Dornier 328 series aircraft, CASA issued Australian AD/DO 328/24, effective from 19 January 2006. Given the international nature of these directives and their basis in treaty obligations, no public consultation or Regulatory Impact Statement is required. The AD is made by CASA in accordance with the Civil Aviation Act 1988.
Key Provisions
The Civil Aviation Act 1988, supplemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework for ensuring the safety of air navigation in Australia. Section 98 of the Act empowers the Governor-General to make regulations for this purpose, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for particular kinds of aircraft or aeronautical products. These directives are legislative instruments under section 46A of the Acts Interpretation Act 1901 and are subject to disallowance.
These airworthiness directives are essential tools in maintaining the safety and airworthiness of aircraft. Under the Convention on International Civil Aviation, specifically Annex 8, the State of Design is responsible for the continuing airworthiness of an aircraft type, providing necessary information to ensure compliance with airworthiness standards. The State of Registry, which is Australia in this context, must develop or adopt requirements to ensure the continuing airworthiness of aircraft within its jurisdiction. When an AD is issued by a State of Design, CASA must assess the information and, if appropriate, issue a corresponding Australian AD. This ensures that the aircraft registered in Australia meet international safety standards.
CASA, acting under the authority granted by the Act, has issued Australian AD/DO 328/24 in response to German LBA's AD 97-243 affecting Dornier 328 series aircraft. Germany, as the State of Design, issued the directive, and CASA has determined that an Australian AD is necessary to mandate these requirements. This directive, which will take effect on 19 January 2006, is part of Australia's commitment to international safety standards.
Given that this AD is issued in accordance with international obligations and in response to a directive from the relevant State of Design, there has been no public consultation required. The Office of Regulatory Review has also concluded that ADs of this nature do not necessitate a Regulatory Impact Statement. The AD was made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office at CASA, in accordance with subsection 84A(2) of the Act.
Failure to comply with the requirements set forth in an AD can result in serious consequences. Under the Civil Aviation Act 1988, breaches of airworthiness directives can be considered offences. The severity of the penalty depends on the nature of the breach, but the Act provides for both civil and criminal penalties. Civil penalties can include fines and, in some cases, the grounding of aircraft. Criminal penalties can result in imprisonment, reflecting the high importance placed on aviation safety and the potential risks associated with non-compliance.