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 97-328 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 328/52, 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 legal framework for the regulation of civil aviation in Australia, focusing primarily on ensuring the safety and efficiency of air navigation. The Act empowers the Governor-General to make regulations under section 98, with the overarching goal of safeguarding air navigation safety. Pursuant to this authority, the Civil Aviation Safety Regulations 1998 were established, which, among other provisions, allow the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products as per regulation 39.001. These ADs are legislative instruments, subject to disallowance under section 46A of the Acts Interpretation Act 1901. The legislative process for these directives is overseen by the Manager, Airframes in CASA's Manufacturing, Certification and New Technologies Office, in compliance with subsection 84A(2) of the Act. Given that ADs are issued in response to international obligations under the Convention on International Civil Aviation and to address safety concerns raised by the State of Design, they do not require public consultation or a Regulatory Impact Statement, as determined by the Office of Regulatory Review.
Scope and Application
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for ensuring the safety of air navigation in Australia, with the Civil Aviation Safety Authority (CASA) as the national airworthiness authority. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 empowers CASA to issue airworthiness directives (ADs) for kinds of aircraft or aeronautical products. These ADs are legislative instruments that mandate specific safety measures or maintenance actions to ensure the continuing airworthiness of aircraft registered in Australia. The State of Registry, which in this case is Australia, has the responsibility to ensure the airworthiness of individual aircraft, and this includes implementing ADs issued by CASA in response to those issued by the aircraft's State of Design, such as Germany for the Dornier 328 model aircraft. This process adheres to international obligations under the Convention on International Civil Aviation, particularly Annex 8, which allocates the State of Design the responsibility for the continuing airworthiness of aircraft types. Notably, the issuing of ADs by CASA does not require public consultation or a Regulatory Impact Statement as determined by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together provide the legal framework for ensuring the safety of air navigation in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the power to make regulations for the purpose of the Act, which is to ensure the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain kinds of aircraft or aeronautical products. An AD is a legislative instrument that becomes effective under section 6 of the Legislative Instruments Act 2003, and it is a disallowable instrument under section 46A of the Acts Interpretation Act 1901.
In terms of obligations and requirements, the State of Design, which in this case is Germany for the Dornier 328 model aircraft, has the overall responsibility for the continuing airworthiness of an aircraft type. This includes providing any necessary information to ensure the continuing airworthiness of a type to appropriate States of Registry. The State of Registry, which is the country where the aircraft is registered, has the responsibility for the continuing airworthiness of individual aircraft. Under Annex 8 to the Convention on International Civil Aviation, 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 must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design.
Failure to comply with an AD may result in civil or criminal consequences. Under section 46AB of the Acts Interpretation Act 1901, an AD that has been disallowed by either House of Parliament will not have effect. In addition, any person who contravenes an AD may be liable to a civil penalty of up to $27,500 for each day of the contravention. If the contravention is due to negligence, the penalty may be increased to up to $137,500 for each day of the contravention. If the contravention is due to reckless behaviour, the penalty may be increased to up to $275,000 for each day of the contravention. In addition, any person who contravenes an AD may also be subject to criminal penalties, including fines of up to $165,000 and/or imprisonment for up to two years.
In summary, the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide the legal framework for ensuring the safety of air navigation in Australia. CASA has the power to issue ADs for certain kinds of aircraft or aeronautical products, and when a State of Design issues an AD against a type of aircraft on the Australian Register, CASA must assess that information and, if appropriate, issue an Australian AD to mandate the requirements of the State of Design. Failure to comply with an AD may result in civil and criminal penalties.