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 D-2004-004 affecting Dornier 328 model aircraft. Germany is the State of Design for this type. CASA has assessed this AD and has issued Australian AD/DO 328/39, which will become effective on 16 March 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, Airframes 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 legislative framework for civil aviation in Australia, addressing the need for national standards and regulations to ensure the safety and efficiency of air navigation. This Act empowers the Governor-General to make regulations for the purposes of the Act and in the interests of the safety of air navigation. Pursuant to this authority, the Civil Aviation Safety Regulations 1998 were introduced to provide detailed safety requirements and procedures, including the ability for the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. These ADs are legislative instruments that are subject to disallowance under the Acts Interpretation Act 1901, and their creation is governed by the Legislative Instruments Act 2003. The Civil Aviation Act 1988 thus addresses the problem of ensuring a cohesive and internationally compliant regulatory approach to civil aviation in Australia.
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, ensuring adherence to safety standards as mandated by the Civil Aviation Act 1988. This authority extends to issuing Australian ADs in response to directives from the State of Design, such as the German Luftfahrt-Bundesamt's AD D-2004-004 for the Dornier 328 model aircraft, reflecting Australia’s commitments under the Convention on International Civil Aviation. These ADs are legislative instruments subject to disallowance and are issued without public consultation or the requirement for a Regulatory Impact Statement. The ADs are designed to maintain the continuing airworthiness of aircraft registered in Australia, aligning with international standards and the obligations of the State of Registry, which in this case is CASA. The issuance of such directives is a critical component of Australia's regulatory framework to ensure the safety and compliance of aircraft within its jurisdiction.
Key Provisions
The main operative sections of the Civil Aviation Act 1988, specifically section 98, empower the Governor-General to create regulations to ensure the safety of air navigation. Under regulation 39.001 of the Civil Aviation Safety Regulations 1998, the Civil Aviation Safety Authority (CASA) is authorised to issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. Subregulation 39.001(5) further clarifies that an AD is considered a disallowable instrument under section 46A of the Acts Interpretation Act 1901, and consequently, it is a legislative instrument as per section 6 of the Legislative Instruments Act 2003. These ADs are essential for maintaining the continuing airworthiness of aircraft types and are commonly issued by ICAO Contracting States, including Australia.
The obligations and requirements imposed by this Act and its regulations are primarily centred around ensuring the safety and continuing airworthiness of aircraft. Under Annex 8 to the Convention on International Civil Aviation, the State of Design has the overarching responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure the continuing airworthiness of the type to the appropriate States of Registry. The State of Registry, in turn, is responsible for the continuing airworthiness of individual aircraft and must develop or adopt requirements to ensure this. When a State of Design issues an AD for an aircraft type on the Australian Register, CASA must assess the information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design.
Breaching the requirements set out in an airworthiness directive can have significant legal consequences. Under section 28 of the Civil Aviation Act 1988, failure to comply with an AD can result in a range of civil and criminal penalties. Civil penalties may include fines and other administrative sanctions, while criminal penalties may involve imprisonment and fines. The severity of the penalties can vary based on the nature and extent of the breach. For example, operating an aircraft in contravention of an AD can result in fines up to 5,000 penalty units for individuals and 25,000 penalty units for corporations, as well as potential imprisonment terms. These stringent penalties underscore the importance of adhering to ADs to maintain the highest safety standards in civil aviation.