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 1999-054 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 328/30, 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 legal framework for civil aviation in Australia, ensuring the safety and efficiency of air navigation and operations. One of the key mechanisms established under this Act is the issuance of airworthiness directives (ADs) to maintain the continuing airworthiness of aircraft. These ADs are developed and enforced by the Civil Aviation Safety Authority (CASA), the national airworthiness authority in Australia. The authority to issue ADs is derived from regulation 39.001 of the Civil Aviation Safety Regulations 1998, which empowers CASA to mandate requirements on kinds of aircraft or aeronautical products to ensure safety. In accordance with international obligations under the Convention on International Civil Aviation, the State of Design for a particular aircraft type has the responsibility for issuing continuing airworthiness information, which CASA then assesses and, if necessary, adopts for Australian aircraft registered in the State of Registry. The Civil Aviation Act 1988 thus addresses the need for a coordinated and internationally compliant approach to aircraft safety, ensuring that Australian civil aviation standards are in line with global best practices.
Scope and Application
The Civil Aviation Safety Regulations 1998, under section 39.001, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products, thereby ensuring the safety of air navigation as mandated by the Civil Aviation Act 1988. These ADs are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The application of ADs extends to all aircraft registered in Australia, aligning with the responsibilities outlined in Annex 8 to the Convention on International Civil Aviation, where the State of Design must provide necessary information to maintain airworthiness. CASA, as Australia's national airworthiness authority, is required to assess and, if necessary, issue Australian ADs in response to those issued by the State of Design, such as the German LBA's AD 1999-054 for the AvCraft Aerospace GmbH Dornier 328-100 model aircraft. These ADs become effective without public consultation, as they are a direct response to international obligations and do not require a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988 (section 98) empowers the Governor-General to enact regulations intended to ensure the safety of air navigation. This authority enables the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. An AD, as specified in subregulation 39.001(5), is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and is also classified as a legislative instrument under section 6 of the Legislative Instruments Act 2003. These ADs are crucial for maintaining the airworthiness of aircraft types and are commonly used by ICAO Contracting States, including Australia.
The State of Design, in this case Germany for the Dornier 328-100 model aircraft, has the primary responsibility for ensuring the continuing airworthiness of the aircraft type, as stipulated under Annex 8 to the Convention on International Civil Aviation. This involves providing any necessary information to the States of Registry, which in this context is Australia. CASA, as the national airworthiness authority, is required to assess the information provided by the State of Design and, if appropriate, issue an Australian AD to enforce the requirements specified by the State of Design. Consequently, CASA issued AD/DO 328/30 in response to the German LBA’s AD 1999-054, which will take effect on 19 January 2006.
Entities and individuals governed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 have specific obligations. The State of Design must provide essential information to ensure the continuing airworthiness of aircraft types, while the State of Registry, in this case CASA, must assess this information and issue ADs when necessary. Operators of the affected aircraft must comply with the requirements set forth in these ADs to ensure the safety of air navigation. Failure to adhere to these directives can result in serious safety risks and potential legal consequences.
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 impose significant obligations on parties involved in civil aviation, including the State of Design, State of Registry, and aircraft operators. Breach of these obligations can lead to severe consequences. For example, failure to comply with ADs may result in the grounding of aircraft, which can lead to significant operational disruptions and potential safety hazards. Additionally, CASA has the authority to take enforcement actions against non-compliance, including fines and other penalties as stipulated in the relevant legislation. The specific penalties for breaches are outlined in the Civil Aviation Act 1988 and can include substantial financial penalties and, in severe cases, criminal charges.