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 2004-104 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 328/56, 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 establish a comprehensive legal framework for the regulation of civil aviation in Australia, aiming to ensure the safety and efficiency of air navigation. The Act grants the Governor-General the authority to create regulations that serve the interests of air navigation safety. The Civil Aviation Safety Regulations 1998, made under this Act, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products, thereby ensuring compliance with international standards set by the International Civil Aviation Organization (ICAO). The ADs serve as legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and regulation under the Legislative Instruments Act 2003. In response to the obligations under the Convention on International Civil Aviation, CASA issues Australian ADs when necessary, maintaining the continuing airworthiness of aircraft registered in Australia.
Scope and Application
The Civil Aviation Safety Regulations 1998, under the Civil Aviation Act 1988, empower the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specified types of aircraft or aeronautical products. These directives are legislative instruments subject to disallowance under the Acts Interpretation Act 1901 and must comply with the Legislative Instruments Act 2003. The issuance of ADs is aligned with Annex 8 to the Convention on International Civil Aviation, which mandates the State of Design to ensure the continuing airworthiness of an aircraft type and requires the State of Registry to enforce these requirements. In the case of Australian-registered aircraft, CASA, as the national airworthiness authority, must assess and, if necessary, issue corresponding Australian ADs in response to directives from the relevant State of Design. This process ensures the safety and compliance of aircraft within Australia's jurisdiction, reflecting the international obligations and standards set forth by ICAO.
Key Provisions
The Civil Aviation Act 1988 provides a framework for the regulation of civil aviation in Australia, with specific provisions for the issuance of airworthiness directives (ADs) under regulation 39.001 of the Civil Aviation Safety Regulations 1998. Under section 98 of the Act, the Governor-General has the authority to make regulations in the interest of air navigation safety. An AD is a legislative instrument issued by the Civil Aviation Safety Authority (CASA) for specific kinds of aircraft or aeronautical products, with the primary goal of ensuring the continuing airworthiness of aircraft. As per subregulation 39.001(5), ADs are disallowable instruments under section 46A of the Acts Interpretation Act 1901. Furthermore, under Annex 8 to the Convention on International Civil Aviation, the State of Design has an overarching responsibility for the continuing airworthiness of an aircraft type, requiring them to provide necessary information to States of Registry.
The obligations imposed by the Act on the parties and entities it governs include a duty on the State of Design to issue ADs and provide relevant information to ensure the continuing airworthiness of aircraft. The State of Registry, which in the Australian context is CASA, must assess this information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. This is seen in the case of the German LBA's AD 2004-104 affecting Dornier 328-100 aeroplanes, where CASA issued Australian AD/DO 328/56. CASA must ensure that the Australian AD is consistent with the AD issued by the State of Design and mandates the necessary requirements to maintain airworthiness.
The Civil Aviation Safety Regulations 1998 and the Civil Aviation Act 1988 establish potential offences, penalties, and consequences for non-compliance with ADs. While the specific penalties are not detailed in the provided text, it is implied that non-compliance with ADs could result in civil or criminal consequences, depending on the severity of the breach and the potential risk posed to air safety. The Act's focus on air navigation safety and the continuing airworthiness of aircraft suggests that the penalties for non-compliance could be significant, as the overarching goal is to protect the public and maintain the safety of air navigation.