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 1998-423 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 328/28, 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 legislative framework for the regulation of civil aviation in Australia, focusing on the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations necessary for the purposes of the Act and in the interests of the safety of air navigation. One such regulation, established under the Civil Aviation Safety Regulations 1998, is the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These directives are legislative instruments issued to ensure the continuing airworthiness of aircraft and aeronautical products, aligning with international standards set by the Convention on International Civil Aviation. The authority to issue ADs is critical in fulfilling Australia's obligations to maintain international safety standards and ensuring the safe operation of aircraft registered in Australia.
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) to ensure the continuing airworthiness of aircraft and aeronautical products within Australia. This regulation applies to all aircraft and aeronautical products registered in Australia and is issued in compliance with international obligations under the Convention on International Civil Aviation. CASA, as the national airworthiness authority, is mandated to assess and, where necessary, issue Australian ADs in response to directives from the State of Design, which holds responsibility for the continuing airworthiness of a specific aircraft type. In this case, the German Luftfahrt-Bundesamt (LBA) issued an AD concerning Dornier 328 series aircraft, leading CASA to issue its own AD/DO 328/28, effective from 19 January 2006. This legislative instrument is a disallowable instrument under the Acts Interpretation Act 1901 and is considered a legislative instrument under the Legislative Instruments Act 2003. The issuance of these ADs is a direct response to international obligations and does not require public consultation or a Regulatory Impact Statement as determined by the Office of Regulatory Review.
Key Provisions
The main operative sections of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 enable the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. Under section 98 of the Civil Aviation Act 1988, the Governor-General is empowered to make regulations, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 provides that the Civil Aviation Safety Authority (CASA) may issue ADs for specific kinds of aircraft or aeronautical products. Furthermore, subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998 clarifies that an AD is a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and hence a legislative instrument under section 6 of the Legislative Instruments Act 2003.
The obligations imposed on parties by the Act and Regulations are centred around the maintenance and assessment of airworthiness. Under Annex 8 to the Convention on International Civil Aviation, the State of Design has the responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to the State of Registry to ensure the safety of the aircraft. The State of Registry, in this case CASA, must develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When a State of Design, such as the German LBA, issues an AD for a type of aircraft registered in Australia, CASA must assess the AD and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
The consequences of non-compliance with the provisions of the ADs are significant. Failure to adhere to the requirements stipulated in an AD can result in serious safety hazards and breaches of the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998. Such breaches may lead to civil or criminal penalties, depending on the severity of the offence. For instance, contravening the ADs may lead to enforcement actions by CASA, including the imposition of fines or other penalties. While the specific penalties are not detailed in the text, they are typically outlined in the Civil Aviation Act 1988 and associated regulations, and can include substantial financial penalties and potential imprisonment for serious breaches.