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 1997-242/3 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 328/33 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 legal framework for the regulation of civil aviation in Australia, ensuring the safety and efficiency of air navigation and the continuing airworthiness of aircraft. The Civil Aviation Safety Regulations 1998 further elaborate on these provisions by detailing the specific requirements and procedures that must be followed. The Act was introduced to address the need for a comprehensive and cohesive legislative structure governing civil aviation activities in Australia, ensuring compliance with international standards and obligations, particularly under the Convention on International Civil Aviation. The Australian Parliament is the enacting body for the Civil Aviation Act 1988, and the primary policy objective of the Act is to enhance the safety of air navigation by providing clear guidelines and regulatory mechanisms for all stakeholders involved in civil aviation.
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 types of aircraft or aeronautical products, thereby ensuring adherence to safety standards as outlined in the Civil Aviation Act 1988. These ADs serve as legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and are crafted in accordance with the Legislative Instruments Act 2003. The issuance of ADs aligns with international standards set forth in Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design holds primary responsibility for the ongoing airworthiness of an aircraft type and must provide essential information to States of Registry. In Australia, CASA, acting as the national airworthiness authority, must evaluate any ADs issued by the State of Design and, if necessary, promulgate corresponding Australian ADs to enforce the requisite safety measures. For example, following the German Luftfahrt-Bundesamt's issuance of AD 1997-242/3 concerning AvCraft Aerospace GmbH Dornier 328-100 aircraft, CASA issued Australian AD/DO 328/33, effective from 19 January 2006. Given that these directives are responses to international obligations and the specific actions of the State of Design, CASA did not engage in public consultation for this particular AD, and the Office of Regulatory Review determined that it did not necessitate a Regulatory Impact Statement. The AD was authorised by the Manager, New Technologies and Systems, within CASA’s Manufacturing, Certification and New Technologies Office, under subsection 84A(2) of the Act.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 establish the framework within which airworthiness directives (ADs) are issued and managed in Australia. Section 98 of the Civil Aviation Act 1988 allows the Governor-General to create regulations in the interest of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers the Civil Aviation Safety Authority (CASA) to issue ADs for certain types of aircraft or aeronautical products. These ADs are legislative instruments under section 6 of the Legislative Instruments Act 2003, and as disallowable instruments, they are subject to the provisions of section 46A of the Acts Interpretation Act 1901.
Under these regulations, CASA, as Australia's national airworthiness authority, has the responsibility to assess and, if necessary, issue Australian ADs when a State of Design, such as Germany in this case, issues an AD affecting aircraft on the Australian Register. This ensures that Australian aircraft maintain their airworthiness in line with international standards. For instance, the German Federal Aviation Office (LBA) issued AD 1997-242/3 concerning the AvCraft Aerospace GmbH Dornier 328-100 model aircraft, prompting CASA to issue Australian AD/DO 328/33. Such actions are aligned with Australia's commitments under Annex 8 to the Convention on International Civil Aviation, which mandates that the State of Design provides necessary information for the continuing airworthiness of an aircraft type, and the State of Registry, in this case Australia, must ensure these requirements are met.
The obligations under these regulations require CASA to closely monitor and respond to ADs issued by States of Design. This involves a rigorous assessment process to determine the applicability and necessity of issuing a corresponding Australian AD. The State of Registry's role includes ensuring that the aircraft on its register adhere to the continuing airworthiness requirements, which often necessitates implementing the directives issued by the relevant State of Design. This regulatory framework ensures that all aircraft, irrespective of their country of origin, meet the safety standards required for operation within Australian airspace.
Breaches of the Civil Aviation Safety Regulations 1998, including failure to comply with an AD, can result in significant legal consequences. Under the Civil Aviation Act 1988, non-compliance with ADs may lead to civil penalties, including fines, and criminal penalties, which can extend to imprisonment. The specific penalties are not detailed in the provided text but typically reflect the severity of the breach and the risk posed to aviation safety. Ensuring adherence to ADs is crucial, as they are integral to maintaining the safety and airworthiness of aircraft operating in Australian airspace.