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 1996-001/4 affecting Dornier 328 aircraft. Germany is the State of Design for these aeroplanes. CASA has assessed this AD and has issued Australian AD/DO 328/58, which will become effective on 11 May 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 for the regulation of civil aviation in Australia, ensuring safety and efficiency in air navigation. This legislation grants the Governor-General the authority to create regulations under section 98, which are intended to enhance the safety of air navigation. One such regulation, outlined in the Civil Aviation Safety Regulations 1998, empowers the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for specific types of aircraft or aeronautical products. This authority is exercised to address safety concerns and maintain the continuing airworthiness of aircraft in compliance with international standards set by the Convention on International Civil Aviation. The ADs issued by CASA are legislative instruments, subject to disallowance under the Acts Interpretation Act 1901 and reviewed under the Legislative Instruments Act 2003. The issuance of ADs, such as the one concerning the Dornier 328 aircraft, reflects Australia's commitment to adhering to international civil aviation obligations and ensuring the safety of aircraft registered within its territory.
Scope and Application
The Civil Aviation Act 1988, and specifically 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 particular types of aircraft or aeronautical products. These ADs are legislative instruments, made under the authority of the Governor-General in the interests of air navigation safety, and are subject to disallowance under the Acts Interpretation Act 1901 and review under the Legislative Instruments Act 2003. In accordance with international standards outlined in Annex 8 to the Convention on International Civil Aviation, the State of Design is responsible for ensuring the continuing airworthiness of aircraft types, while the State of Registry, in this case CASA acting on behalf of Australia, must implement the necessary measures to ensure that aircraft meet the required safety standards. This includes the assessment and issuance of Australian ADs in response to directives from the relevant State of Design, such as the German Federal Aviation Office's AD 1996-001/4 for the Dornier 328 aircraft, which CASA has adopted as Australian AD/DO 328/58. Given the international obligations and the specific nature of these directives, no public consultation or Regulatory Impact Statement is required.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 together govern the issuance and implementation of airworthiness directives (ADs) in Australia. Under section 98 of the Civil Aviation Act 1988, the Governor-General has the authority to make regulations aimed at ensuring the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically empowers CASA (Civil Aviation Safety Authority) to issue ADs for particular types of aircraft or aeronautical products. An AD, as described in subregulation 39.001(5), is a disallowable instrument, meaning it is subject to the provisions of section 46A of the Acts Interpretation Act 1901, and is classified as a legislative instrument according to section 6 of the Legislative Instruments Act 2003. This legislative framework ensures that ADs are a recognised and enforceable means of maintaining airworthiness standards in Australia.
These ADs carry significant obligations for the parties involved. Under the Convention on International Civil Aviation, the State of Design is responsible for ensuring the continuing airworthiness of an aircraft type, and must provide necessary information to the State of Registry. The State of Registry, in turn, is tasked with developing or adopting requirements to ensure the continuing airworthiness of individual aircraft registered within its jurisdiction. When a State of Design issues an AD, the State of Registry—in this case, CASA in Australia—must assess the AD and, if necessary, issue a corresponding Australian AD to enforce the requirements. This ensures that Australian aircraft meet international safety standards and comply with regulatory mandates.
Failure to comply with an AD can result in serious legal consequences. ADs are designed to address safety concerns and ensure the airworthiness of aircraft, and non-compliance can lead to both civil and criminal penalties. While the specific penalties for breaching an AD are not detailed in the provided text, it is understood that such breaches can lead to enforcement actions by CASA, which may include fines, suspension or revocation of airworthiness certificates, and other regulatory sanctions. Additionally, if an AD violation results in an aviation accident or incident, the consequences could be more severe, potentially including criminal charges and imprisonment for those responsible.
The process of issuing an AD, as illustrated by the German LBA's AD 1996-001/4 affecting Dornier 328 aircraft, involves several steps to ensure that it meets international obligations and is appropriately enforced within Australia. Germany, as the State of Design, issued the AD, which CASA then assessed and translated into an Australian AD (AD/DO 328/58). This AD became effective on 11 May 2006, and because it is a response to an international mandate and does not require public consultation, it was made by the Manager, New Technologies and Systems, in CASA's Manufacturing, Certification and New Technologies Office, in accordance with the Civil Aviation Act 1988. The Office of Regulatory Review has determined that such ADs do not require a Regulatory Impact Statement, streamlining the process while maintaining rigorous safety standards.