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 96-239/2 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 328/32, 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 framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation. Pursuant to section 98 of the Act, the Governor-General is empowered to make regulations in the interests of safety, with the Civil Aviation Safety Regulations 1998 establishing the process for issuing airworthiness directives. These directives, which are legislative instruments under the Legislative Instruments Act 2003, are essential for maintaining the continuing airworthiness of aircraft and aeronautical products. The Civil Aviation (Airworthiness Directives) Instrument 2005, issued under the authority of the Act, mandates that the Civil Aviation Safety Authority (CASA) must respond to directives issued by the State of Design by issuing corresponding Australian airworthiness directives. This legislative framework aligns with international standards set forth by the Convention on International Civil Aviation, ensuring that Australia meets its obligations under international agreements while maintaining high safety standards for its domestic aviation sector.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) concerning specific types of aircraft or aeronautical products. These directives are crucial for maintaining the continuing airworthiness of aircraft and are made in accordance with international standards set out in Annex 8 to the Convention on International Civil Aviation. The ADs are legislative instruments, subject to disallowance and review under Australian legislation. The State of Design, which is responsible for the type of aircraft, issues the initial AD, and CASA, as Australia's national airworthiness authority, evaluates and, if necessary, issues corresponding Australian ADs. This process ensures compliance with international obligations and the safety standards of air navigation within Australia. The issuance of such directives typically does not require public consultation or a Regulatory Impact Statement, reflecting their technical nature and the reliance on international standards.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs). Under section 98 of the Civil Aviation Act 1988, the Governor-General can create regulations to ensure the safety of air navigation. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. According to subregulation 39.001(5), an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and it is also a legislative instrument as per section 6 of the Legislative Instruments Act 2003.
The obligations imposed by the Act and the Regulations require the State of Design to provide necessary information to ensure the continuing airworthiness of an aircraft type, as per Annex 8 to the Convention on International Civil Aviation. The State of Registry, which in this context is Australia, must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When the State of Design issues an AD for a type of aircraft registered in Australia, CASA must assess the information and, if appropriate, issue an Australian AD to enforce the requirements. This is exactly what happened when the German Federal Aviation Office (LBA) issued AD 96-239/2 for the Dornier 328-100 model aircraft, and CASA subsequently issued Australian AD/DO 328/32.
The consequences for non-compliance with these airworthiness directives can be severe. While the Civil Aviation Act 1988 and Civil Aviation Safety Regulations 1998 do not explicitly detail specific offences, penalties, or civil/criminal consequences for breach of an AD, non-compliance can lead to significant safety issues. The authority of CASA to issue and enforce ADs is underpinned by the overarching objective to ensure the safety of air navigation. Therefore, failing to comply with an AD could result in actions such as grounding of the aircraft, fines, or other regulatory actions by CASA. The seriousness of the potential consequences underscores the importance of adhering to the requirements set out in these directives.