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 2001-167-2 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 328/60, 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, serves to regulate civil aviation in Australia, ensuring safety and efficiency within the sector. One of the Act’s critical functions is to allow for the creation of regulations that promote the safety of air navigation. Specifically, under section 98 of the Act, the Governor-General has the authority to enact regulations that serve the interests of aviation safety. Complementing the Civil Aviation Act 1988, the Civil Aviation Safety Regulations 1998 further detail the mechanisms for maintaining airworthiness, including the issuance of airworthiness directives (ADs) by the Civil Aviation Safety Authority (CASA). These ADs are legislative instruments that mandate safety requirements for aircraft types and aeronautical products, reflecting Australia's commitment to international standards under the Convention on International Civil Aviation. The regulations ensure that both the State of Design and the State of Registry are responsible for the continuing airworthiness of aircraft, with CASA acting as the national authority to issue Australian ADs when necessary.
Scope and Application
The Civil Aviation Act 1988, complemented by the Civil Aviation Safety Regulations 1998, provides the legislative framework under which airworthiness directives (ADs) are issued to ensure the safety of air navigation. Specifically, section 98 of the Civil Aviation Act 1988 empowers the Governor-General to make regulations for the safety of air navigation, while regulation 39.001 of the Civil Aviation Safety Regulations 1998 mandates that the Civil Aviation Safety Authority (CASA) can issue ADs for types of aircraft or aeronautical products. These ADs are legislative instruments under the Acts Interpretation Act 1901 and the Legislative Instruments Act 2003. The issuance of ADs is influenced by international obligations under Annex 8 to the Convention on International Civil Aviation, which designates the State of Design as responsible for continuing airworthiness, necessitating collaboration with the State of Registry to ensure compliance and safety. CASA, as Australia's national airworthiness authority, evaluates and issues Australian ADs in response to directives from the State of Design, such as the German Luftfahrt-Bundesamt's AD 2001-167-2 concerning Dornier 328 model aircraft, which CASA has assessed and translated into Australian AD/DO 328/60 effective from 8 June 2006. Notably, given the international nature and the technical basis of such directives, public consultation and a Regulatory Impact Statement are deemed unnecessary by the Office of Regulatory Review.
Key Provisions
The Civil Aviation Act 1988, particularly under section 98, empowers the Governor-General to make regulations aimed at ensuring the safety of air navigation. Regulation 39.001 of the Civil Aviation Safety Regulations 1998 specifically allows the Civil Aviation Safety Authority (CASA) to issue airworthiness directives (ADs) for certain types of aircraft or aeronautical products. According to subregulation 39.001(5), these ADs are considered disallowable instruments under section 46A of the Acts Interpretation Act 1901, and thus, they fall under the category of legislative instruments as per section 6 of the Legislative Instruments Act 2003. This legislative framework is designed to ensure that airworthiness directives are issued with appropriate authority and oversight.
Under the obligations imposed by the Civil Aviation Act 1988 and the Civil Aviation Safety Regulations 1998, the State of Design is tasked with the overall responsibility for the continuing airworthiness of an aircraft type. This includes providing any necessary information to States of Registry to ensure that aircraft remain airworthy. The State of Registry, on the other hand, must develop or adopt requirements to maintain the airworthiness of aircraft registered within its jurisdiction. When a State of Design, such as Germany in this case, issues an AD for a type of aircraft registered in Australia, CASA must assess this information. If deemed appropriate, CASA issues an Australian AD to mandate the necessary requirements for the aircraft's airworthiness.
The process for issuing airworthiness directives, such as AD/DO 328/60 for Dornier 328 model aircraft, is driven by international obligations under the Convention on International Civil Aviation. In this instance, CASA has issued the directive in response to an AD issued by the German LBA, which is the State of Design for these aircraft types. Given that this AD is a direct response to international obligations and does not require public consultation, the Office of Regulatory Review has determined that it does not necessitate a Regulatory Impact Statement. This AD was made by the Manager, New Technologies and Systems, in the Manufacturing, Certification and New Technologies Office at CASA, in accordance with subsection 84A(2) of the Civil Aviation Act 1988.
In terms of consequences for non-compliance, the Act does not explicitly outline specific offences or penalties within this particular legislative instrument. However, generally, failing to comply with an airworthiness directive can result in serious safety risks and may lead to enforcement actions by CASA, including the grounding of non-compliant aircraft. These actions are taken to ensure that all aircraft meet the required safety standards. The specific penalties for non-compliance are usually addressed in other sections of the Civil Aviation Act 1988 and associated regulations, which can include fines and potential criminal charges for serious violations.