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 2000-294 affecting Dornier 328 series aircraft. Germany is the State of Design for this series aircraft. CASA has assessed this AD and has issued Australian AD/DO 328/5, 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 legislative framework for the regulation of civil aviation in Australia. The Act was introduced to address the need for a comprehensive and cohesive legislative structure to ensure the safety and efficiency of civil aviation within Australia. The Civil Aviation Safety Regulations 1998 were subsequently introduced to provide detailed rules and requirements to support the overarching provisions of the Act. Under section 98 of the Act, the Governor-General has the authority to make regulations in the interests of air navigation safety, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These ADs are legislative instruments, as stipulated by the Legislative Instruments Act 2003. The ADs serve to mandate continuing airworthiness requirements, in line with international obligations under the Convention on International Civil Aviation. In the case of AD/DO 328/5, CASA has issued a directive in response to an AD issued by the German State of Design for the Dornier 328 series aircraft, reflecting Australia's commitment to international safety standards and the ongoing airworthiness of aircraft registered 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 certain kinds of aircraft or aeronautical products. These ADs serve to ensure the continuing airworthiness of aircraft in compliance with Australia’s obligations under the Convention on International Civil Aviation, specifically Annex 8, which designates the State of Design as responsible for the airworthiness of an aircraft type. In cases where an AD is issued by the State of Design, such as Germany for the Dornier 328 series, CASA must evaluate the information and, if necessary, issue an Australian AD to enforce the requirements set forth by the State of Design. This regulatory framework ensures that aircraft operating within Australian jurisdiction meet the necessary safety standards, thereby safeguarding the interests of the public and aligning with international aviation safety protocols.
Key Provisions
The Civil Aviation Act 1988, under section 98, empowers the Governor-General to create regulations for the safety of air navigation. In accordance with 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 types of aircraft or aeronautical products. An AD, as defined in subregulation 39.001(5), is a disallowable instrument under section 46A of the Acts Interpretation Act 1901 and thus considered a legislative instrument according to section 6 of the Legislative Instruments Act 2003. ADs are a common form of continuing airworthiness information issued by International Civil Aviation Organization (ICAO) Contracting States, as outlined in Annex 8 to the Convention on International Civil Aviation.
Under this regulatory framework, the State of Design holds the primary responsibility for the continuing airworthiness of an aircraft type and must provide necessary information to ensure that the aircraft remain airworthy. The State of Registry, which is responsible for the individual aircraft, must develop or adopt requirements to ensure continuing airworthiness. When the State of Design issues an AD against a type of aircraft registered in Australia, CASA must evaluate this information and, if necessary, issue an Australian AD to mandate the requirements set forth by the State of Design. For example, the German Federal Aviation Office (LBA) issued AD 2000-294 concerning Dornier 328 series aircraft, and CASA subsequently issued Australian AD/DO 328/5, which took effect on 19 January 2006.
CASA's issuance of ADs is guided by Australia's obligations under the Convention on International Civil Aviation and in response to ADs issued by the relevant State of Design. Consequently, no consultation of the Australian public has occurred for this specific AD. The Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The AD was made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office, on behalf of CASA, in compliance with subsection 84A(2) of the Act.
Breaches of ADs can lead to significant legal consequences. Civil penalties can be imposed for non-compliance with ADs, including fines and potential suspension or revocation of airworthiness certificates. In more severe cases, failure to comply with an AD may also result in criminal charges, leading to imprisonment or fines. The specific penalties depend on the nature and severity of the breach, with maximum penalties outlined in the Civil Aviation Act 1988 and related regulations. For instance, individuals or entities found guilty of violating an AD may face fines up to $11,100 for each offence under the Act, and corporate entities may face higher penalties. Criminal penalties, including imprisonment, may also apply in cases of gross negligence or willful disregard of safety regulations.