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 2001-292 affecting Dornier 328-100 aeroplanes. Germany is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/DO 328/55, which will become effective on 13 April 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 ensure the safety of air navigation in Australia and to establish the framework for civil aviation regulation. The Act provides for the making of regulations that facilitate the management of air safety, including the issuance of airworthiness directives. The Civil Aviation Safety Regulations 1998, made under the authority of the Act, detail the mechanisms by which the Civil Aviation Safety Authority (CASA) can mandate airworthiness requirements. The issuing of airworthiness directives is a legislative instrument under this framework, allowing CASA to respond to safety concerns and international obligations by mandating specific safety measures on aircraft registered in Australia. The legislative process ensures that these directives are issued in accordance with international standards and without the need for public consultation where such measures are a direct response to international commitments. The policy objective is to maintain high safety standards in Australia's civil aviation sector, aligning with global safety practices and ensuring compliance with international agreements.
Scope and Application
The Civil Aviation Act 1988, alongside the Civil Aviation Safety Regulations 1998, provides the legislative framework through which the Civil Aviation Safety Authority (CASA) can issue airworthiness directives (ADs) for specific kinds of aircraft or aeronautical products. This authority is exercised under regulation 39.001 of the Civil Aviation Safety Regulations 1998, with ADs serving as legislative instruments under section 46A of the Acts Interpretation Act 1901 and section 6 of the Legislative Instruments Act 2003. These directives are integral to maintaining the continuing airworthiness of aircraft, a responsibility that is shared between the State of Design and the State of Registry, with CASA acting as Australia's national airworthiness authority. In this capacity, CASA is obligated to issue corresponding Australian ADs when required by an AD issued by the State of Design, such as the German Luftfahrt-Bundesamt (LBA) in the case of the Dornier 328-100 aeroplanes. The issuance of these ADs is conducted in accordance with Australia's international obligations under the Convention on International Civil Aviation, and specific regulatory procedures exempt them from public consultation and the need for a Regulatory Impact Statement.
Key Provisions
The Civil Aviation Act 1988, specifically under section 98, empowers the Governor-General to create regulations aimed at ensuring the safety of air navigation. In line with this, regulation 39.001 of the Civil Aviation Safety Regulations 1998 grants the Civil Aviation Safety Authority (CASA) the authority to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. These ADs serve as legally binding instruments under subregulation 39.001(5) of the Civil Aviation Safety Regulations 1998, and as such, they are considered disallowable instruments in accordance with section 46A of the Acts Interpretation Act 1901. Moreover, as per section 6 of the Legislative Instruments Act 2003, ADs are recognised as legislative instruments.
Entities governed by this legislation, particularly CASA, have several obligations and requirements to adhere to. Firstly, CASA must assess any airworthiness directives issued by the State of Design for aircraft types registered in Australia. If deemed appropriate, CASA is mandated to issue its own ADs to enforce the requirements set forth by the State of Design. For instance, in response to German LBA’s AD 2001-292 affecting Dornier 328-100 aeroplanes, CASA issued Australian AD/DO 328/55. Furthermore, under Annex 8 to the Convention on International Civil Aviation, the State of Registry, in this case CASA, has the responsibility to ensure the continuing airworthiness of individual aircraft registered in Australia by developing or adopting necessary requirements.
There are no public consultation requirements for the issuance of ADs as they are issued in response to international obligations and directives from the State of Design. Additionally, the Office of Regulatory Review has determined that ADs do not necessitate a Regulatory Impact Statement. The AD is 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.
Breach of airworthiness directives can result in significant consequences. Such breaches may be subject to both civil and criminal penalties, depending on the severity and intent behind the non-compliance. For example, failing to comply with an airworthiness directive could lead to fines, imprisonment, or both. The exact penalties would be determined based on the specific breach and the discretion of the court. Furthermore, any failure to maintain the airworthiness of an aircraft could result in the grounding of the aircraft, thereby posing a risk to public safety and potentially leading to more severe legal and financial repercussions.