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 2002-239 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 328/27, 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, enacted by the Australian Parliament, aims to ensure the safety and efficiency of civil aviation in Australia. This Act provides the legal framework for the regulation of civil aviation, including the issuance of airworthiness directives (ADs) to maintain the safety standards of aircraft and aeronautical products. Under section 98 of the Act, the Governor-General can create regulations that support the Act's objective of ensuring air navigation safety. This authority is further exercised through the Civil Aviation Safety Regulations 1998, which empower the Civil Aviation Safety Authority (CASA) to issue ADs for specific types of aircraft or aeronautical products. The issuance of these directives is in line with international obligations under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design holds responsibility for the continuing airworthiness of an aircraft type. CASA, as Australia’s national airworthiness authority, ensures compliance with these international standards by assessing and issuing relevant ADs when necessary.
Scope and Application
The Civil Aviation Act 1988, along with the Civil Aviation Safety Regulations 1998, provides a comprehensive framework for the regulation of civil aviation safety in Australia, empowering the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs). Under this legislation, CASA is tasked with ensuring the continuing airworthiness of aircraft registered in Australia, a responsibility that is aligned with international standards set forth by the International Civil Aviation Organization (ICAO). The issuance of ADs is particularly significant as it ensures that aircraft maintain their airworthiness in accordance with international obligations and domestic safety requirements. These directives are applicable to all aircraft types registered in Australia and are issued in response to continuing airworthiness concerns identified by the State of Design or by CASA itself. The geographic reach of these regulations is national, extending across all states and territories of Australia. It is important to note that these ADs are considered legislative instruments and are subject to disallowance under the Acts Interpretation Act 1901. Additionally, while ADs are integral to maintaining safety standards, they are not subject to the same public consultation processes as other legislative instruments, given their alignment with international aviation standards and obligations under the Convention on International Civil Aviation.
Key Provisions
The Civil Aviation Act 1988, specifically section 98, empowers the Governor-General to create regulations that are necessary for the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 authorises the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. These ADs are considered legislative instruments under section 46A of the Acts Interpretation Act 1901, and they are disallowable instruments according to subregulation 39.001(5). Annex 8 to the Convention on International Civil Aviation stipulates that the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to States of Registry to ensure the aircraft's ongoing airworthiness.
The obligations under the Act require CASA to assess information from the State of Design when an AD is issued against a type of aircraft registered in Australia. If deemed necessary, CASA must then issue an Australian AD to enforce the requirements of the State of Design. This ensures that Australian registered aircraft meet international safety standards. For example, in the case of the German LBA issuing AD 2002-239 affecting AvCraft Aerospace GmbH Dornier 328-100 model aircraft, CASA assessed the directive and issued Australian AD/DO 328/27, which came into effect on 19 January 2006. Since the directive was issued due to Australia's obligations under the Convention on International Civil Aviation and in response to an AD from the relevant State of Design, no public consultation was required. The Office of Regulatory Review has also determined that such ADs do not require a Regulatory Impact Statement.
The issuance of ADs is governed by specific provisions within the Act, including subsection 84A(2), which authorises CASA to make such regulations. These directives are crucial for maintaining the safety and airworthiness of aircraft registered in Australia. Failure to comply with an AD may result in significant legal consequences. The Civil Aviation Safety Regulations 1998 do not explicitly outline penalties for non-compliance with ADs, but non-compliance could potentially lead to enforcement actions by CASA, which might include fines, grounding of aircraft, or other regulatory measures. The precise penalties would depend on the specific circumstances and the severity of the non-compliance.