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 2002-049 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 328/29, 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 framework for the regulation of civil aviation in Australia, with a primary focus on ensuring the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations, including the issuance of airworthiness directives, to safeguard the safety of air navigation. Under the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives for specific types of aircraft or aeronautical products, thereby ensuring that these directives align with the overarching objective of maintaining the safety of air navigation as stipulated in the Civil Aviation Act 1988. This legislative framework is essential in fulfilling Australia's commitments under the Convention on International Civil Aviation and ensuring the continuing airworthiness of aircraft registered within Australia.
Scope and Application
The Civil Aviation Act 1988, in conjunction with the Civil Aviation Safety Regulations 1998, provides the framework under which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) to ensure the safety of aircraft registered in Australia. Specifically, regulation 39.001 allows CASA to issue ADs for certain types of aircraft or aeronautical products, which are considered legislative instruments under the Legislative Instruments Act 2003. These directives are imperative for maintaining the continuing airworthiness of aircraft and are mandated by international obligations under Annex 8 to the Convention on International Civil Aviation. The State of Design, such as Germany for the Dornier 328-100 model aircraft, is responsible for issuing ADs for aircraft types it designs, and CASA, as Australia's national airworthiness authority, must then assess and, if necessary, issue corresponding Australian ADs. The process does not require public consultation or a Regulatory Impact Statement, as it directly responds to international obligations and directives issued by the relevant State of Design. The ADs are issued under the authority of the Act by designated CASA personnel to ensure compliance with both national and international aviation safety standards.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to create regulations that serve the Act's purposes and safeguard air navigation safety. This authority is exercised through the Civil Aviation Safety Regulations 1998, where regulation 39.001 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs, as detailed in subregulation 39.001(5), are legislative instruments that can be disallowed under section 46A of the Acts Interpretation Act 1901.
Under the obligations imposed by Annex 8 to the Convention on International Civil Aviation, the State of Design holds primary responsibility for the ongoing airworthiness of an aircraft type, requiring it to provide necessary information to the State of Registry to ensure the aircraft's continued airworthiness. Correspondingly, the State of Registry must establish or adopt requisite measures to maintain the airworthiness of aircraft. When the State of Design issues an AD for a type of aircraft on the Australian Register, CASA must evaluate this information and, if appropriate, issue an Australian AD to enforce the State of Design's requirements.
Failure to comply with the provisions of an AD can result in serious consequences. The Civil Aviation Safety Regulations 1998 may include provisions that impose penalties for non-compliance. The specific penalties are determined by the particular regulations and could include fines or other sanctions. The severity of these penalties is dependent on the nature and extent of the breach, with the potential for significant financial penalties if the breach is found to have compromised safety.
The legislative framework also provides for enforcement mechanisms. CASA has the authority to take action against non-compliant aircraft or operators, which can include grounding the aircraft, imposing fines, or taking other regulatory measures. These actions are designed to ensure that all aircraft operating in Australian airspace meet the necessary safety standards, thereby protecting public safety and maintaining the integrity of the national aviation system.