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 European Aviation Safety Authority (EASA) has issued AD 2008-0107 affecting Dornier 328 model aircraft. EASA acts on behalf of Germany, the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DO 328/35, Amendment 1, which will become effective on 28 August 2008. This AD cancels and replaces the previous issue.
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 Best Practice Regulation has determined that ADs do not require a Regulatory Impact Statement.
The AD has been made by the Manager, Airframes in the Airworthiness Engineering Branch, on behalf of CASA, in accordance with subsection 84A (2) of the Act.
Overview
The Civil Aviation Act 1988 was enacted to establish a comprehensive framework for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. The Act grants the Governor-General the authority to create regulations aimed at enhancing the safety of air navigation, as specified in section 98. Pursuant to this authority, the Civil Aviation Safety Regulations 1998 were established, allowing the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, as outlined in regulation 39.001. These ADs are legislative instruments, disallowable under section 46A of the Acts Interpretation Act 1901 and regulated by the Legislative Instruments Act 2003. This legislative framework was designed to address the need for consistent and internationally aligned safety standards in the rapidly evolving field of civil aviation.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, provides the framework for ensuring the safety of air navigation within Australia and for the issuance of airworthiness directives (ADs). According to section 98 of the Act, the Governor-General has the authority to enact regulations, which are designed to enhance the safety of air navigation. 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 serve as legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901 and are made in accordance with the Legislative Instruments Act 2003. The ADs are issued to ensure compliance with international standards, particularly those outlined in Annex 8 of the Convention on International Civil Aviation, which places the responsibility for continuing airworthiness on the State of Design and the State of Registry of the aircraft. In response to ADs issued by other countries, such as the European Aviation Safety Authority (EASA) for the Dornier 328 model aircraft, CASA issues Australian ADs to mandate these requirements within Australia. Given the international context and the nature of the directive, this process does not involve public consultation, and a Regulatory Impact Statement is deemed unnecessary.
Key Provisions
The Civil Aviation (Safety) Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs) under regulation 39.001, allowing the Civil Aviation Safety Authority (CASA) to mandate specific requirements for certain kinds of aircraft or aeronautical products to ensure safety. Section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make such regulations, aligning with the overarching goal of air navigation safety. Subregulation 39.001(5) further clarifies that these ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901, and must comply with the Legislative Instruments Act 2003. This legal structure ensures that ADs are issued with appropriate authority and oversight.
The obligations imposed by this Act and its regulations primarily rest on CASA as the national airworthiness authority. CASA must assess any ADs issued by the State of Design, such as the European Aviation Safety Authority (EASA) in the case of the Dornier 328 model aircraft, to ensure they meet Australia's safety standards. If deemed necessary, CASA is required to issue corresponding Australian ADs. Additionally, the State of Registry of an aircraft in Australia must ensure the continuing airworthiness of the aircraft by adopting or developing appropriate requirements. These obligations are integral to maintaining the safety and airworthiness of aircraft operating within Australian airspace.
Breaches of the requirements set out in the Civil Aviation (Safety) Regulations 1998 can lead to significant consequences. Under the Civil Aviation Act 1988, failure to comply with an AD may result in civil penalties, including fines and imprisonment. The specific penalties for non-compliance can vary, but they are intended to enforce adherence to safety standards rigorously. Non-compliance with ADs not only poses risks to aviation safety but also subjects the offending parties to legal repercussions, underscoring the importance of adhering to these regulatory mandates.