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 2002-337/2 affecting AvCraft 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 328/3, which will become effective on 23 November 2005.
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 Commonwealth Parliament, was introduced to provide a legislative 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 that serve the interests of air navigation safety, including the issuance of airworthiness directives. The Civil Aviation Safety Regulations 1998, which were made under the authority of the Act, further detail the procedures and requirements for maintaining the airworthiness of aircraft and aeronautical products. In line with international obligations under the Convention on International Civil Aviation, the Act facilitates the coordination and adoption of international airworthiness directives, ensuring that Australian aviation standards remain consistent with global practices. The objective of this legislative framework is to uphold the highest standards of safety and efficiency in Australia's civil aviation sector.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs, which are legislative instruments, apply to aircraft and aeronautical products within Australia and are issued to ensure the continuing airworthiness of aircraft types, in accordance with international obligations under the Convention on International Civil Aviation. The Act allows CASA to issue such directives in response to similar directives from the State of Design, which, in the case of the AvCraft Dornier 328-100, is Germany. This Australian AD, identified as AD/DO 328/3, was issued without public consultation and does not require a Regulatory Impact Statement, as it is a direct response to an international airworthiness requirement. The AD applies to the specified aircraft model registered in Australia and mandates compliance with the safety measures outlined by the German Luftfahrt-Bundesamt (LBA) in their AD 2002-337/2.
Key Provisions
The Civil Aviation Act 1988, under section 98, grants the Governor-General the authority to create regulations aimed at ensuring the safety of air navigation. This includes the ability to mandate airworthiness directives (ADs) through regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD is a legislative instrument that is subject to disallowance under section 46A of the Acts Interpretation Act 1901, as per subregulation 39.001(5). ADs are essential for maintaining the continuing airworthiness of aircraft types and are issued by the State of Design as per Annex 8 of the Convention on International Civil Aviation.
The Act places several obligations on the parties it governs. The State of Design is responsible for the continuing airworthiness of an aircraft type and must provide necessary information to the States of Registry. The State of Registry, in turn, must develop or adopt requirements to ensure the continuing airworthiness of aircraft. In the context of Australia, the Civil Aviation Safety Authority (CASA) assesses information from the State of Design and issues Australian ADs as necessary. This ensures that Australian-registered aircraft meet international standards for airworthiness.
Failure to comply with ADs can result in serious consequences. Under the Civil Aviation Act 1988, non-compliance can lead to enforcement actions, including fines and other penalties. The specifics of these penalties are not detailed in the provided text, but generally, they are intended to enforce adherence to safety standards. In extreme cases, continued non-compliance could result in the grounding of affected aircraft, further impacting operations and potentially leading to criminal charges for individuals or companies responsible.
The process of issuing ADs, as outlined in the provided text, involves a rigorous assessment by CASA. This includes evaluating ADs issued by the State of Design, such as the German LBA’s AD 2002-337/2, which led to the issuance of Australian AD/DO 328/3. Given the international obligations under the Convention on International Civil Aviation, this process does not require public consultation. The Office of Regulatory Review has determined that such ADs do not necessitate a Regulatory Impact Statement, streamlining the regulatory process while ensuring compliance with international standards. The AD is ultimately made by the Manager, New Technologies and Systems, within CASA, as per subsection 84A(2) of the Act, highlighting the structured and authoritative nature of this regulatory process.