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 97-072 affecting Dornier 328 model aircraft. Germany is the State of Design for these types. CASA has assessed this AD and has issued Australian AD/DO 328/59, which will become effective on 8 June 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, enacted by the Australian Parliament, establishes the legislative framework for civil aviation in Australia. This Act was introduced to address the need for a comprehensive legal structure governing the safety and regulation of air navigation within Australia. A significant component of this legislation is the delegation of authority to the Civil Aviation Safety Authority (CASA) to issue airworthiness directives, as outlined in the Civil Aviation Safety Regulations 1998. These directives are critical in ensuring the continuing airworthiness of aircraft, in accordance with international standards set by the Convention on International Civil Aviation. The Act mandates that CASA, as the national airworthiness authority, must issue Australian airworthiness directives in response to directives issued by the State of Design, thereby upholding Australia's international obligations and ensuring the safety of air navigation. This approach ensures that Australian-registered aircraft meet the necessary safety standards as prescribed by the relevant international and domestic regulations.
Scope and Application
The Civil Aviation Act 1988, supported by the Civil Aviation Safety Regulations 1998, provides the legislative framework for the issuance of airworthiness directives (ADs) in Australia. Under this legislative structure, the Civil Aviation Safety Authority (CASA) is empowered to issue ADs to ensure the safety of aircraft and aeronautical products. Specifically, regulation 39.001 of the Civil Aviation Safety Regulations 1998 enables CASA to mandate requirements for the continuing airworthiness of aircraft types, and these directives are considered legislative instruments under section 6 of the Legislative Instruments Act 2003. These ADs are issued in accordance with Australia’s international obligations under the Convention on International Civil Aviation, specifically Annex 8, which places responsibility for the continuing airworthiness of aircraft types on the State of Design, while the State of Registry must implement and enforce these requirements domestically. This means that when a State of Design, such as Germany, issues an AD, CASA evaluates and, if necessary, issues a corresponding Australian AD to enforce the safety measures within the Australian Register. This process ensures that Australian aircraft meet international safety standards and adhere to the directives issued by the respective States of Design.
Key Provisions
The Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998 provide a framework for the issuance of airworthiness directives (ADs) to ensure the safety of air navigation. According to section 98 of the Civil Aviation Act 1988, the Governor-General can make regulations for the purposes of the Act, and regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue ADs for certain kinds of aircraft or aeronautical products. These directives are legislative instruments under the Legislative Instruments Act 2003, as they are disallowable instruments under section 46A of the Acts Interpretation Act 1901.
In practical terms, the State of Design, which is responsible for the continuing airworthiness of an aircraft type, must provide necessary information to ensure the safety of the aircraft to appropriate States of Registry. The State of Registry, which is responsible for the individual aircraft, must then develop or adopt requirements to ensure the continuing airworthiness of the aircraft. When the State of Design issues an AD, CASA, as Australia’s national airworthiness authority, must assess the information and, if appropriate, issue an Australian AD to enforce the requirements of the State of Design. This ensures that the airworthiness directives issued by the relevant State of Design are implemented in Australia.
The obligations imposed on the parties governed by the Act include the State of Design's responsibility to provide necessary information to States of Registry, and the State of Registry's obligation to develop or adopt requirements for continuing airworthiness. CASA must assess and, if necessary, issue Australian ADs in response to ADs from the State of Design. Operators of affected aircraft must comply with the ADs to ensure the aircraft remain airworthy. This includes following the prescribed maintenance, inspection, and operational procedures outlined in the ADs.
Failure to comply with an AD can result in serious consequences. Under the Civil Aviation Act 1988, any person who contravenes an AD may be liable for an offence. The maximum penalty for an individual is generally a fine of up to 300 penalty units or imprisonment for up to six months, or both. For a body corporate, the maximum penalty can be significantly higher, reaching up to 15,000 penalty units. Additionally, CASA can take enforcement actions such as grounding the aircraft, denying airworthiness certification, or imposing other sanctions to ensure compliance with airworthiness requirements.